defendant to overcome presumption (New York) · Go Syfert
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defendant to overcome presumption in New York

7 New York opinions name it 5 courts 1870–2024 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in New York.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Blanshan v. Russell green
nyappdiv · 1898
2 sentences

1936(Blanshan v. Russell, 32 App. Div. 103 ; affd., 161 N. Y. 629 .) Quoting from the opinion of Parker, P. J.: “ It is true that the recital ‘ for value received ’ in a note imports a consideration, and the burden is upon the defendant to overcome the presumption arising therefrom.

1927The promise was neither offered nor accepted with any other purpose.” And for similar reasons was rested the decision in Blanshan v. Russell ( 32 App. Div. 103, 105 ), where it was said: “ It is true that the recital ‘ for value received ’ in a note imports a consideration, and the burden is upon the defendant to overcome the presumption arising therefrom.

21927–1936
People v. Brown green
ny · 2016
1 sentence

2024The burden then shifts to the defendant to overcome that presumption (see Brown, 28 NY3d at 406 ).

12024–2024
Herald Co. v. Weisenberg green
ny · 1983
1 sentence

1989(Matter of Herald Co. v Weisenberg, 59 NY2d 378 .) The initial argument for closure must be made in open court, and should the court ultimately decide that closure is necessary, it must give its reasons in open court.

11989–1989
Associated Press v. Bell green
ny · 1987
1 sentence

1989(Matter of Associated Press v Bell, 70 NY2d 32 .) The burden rests with the defendant to overcome the presumption of openness.

11989–1989
Angldile Computing Scale Co. v. Gladstone green
nyappdiv · 1914
1 sentence

1955There is no showing in the affidavits of the defendant to overcome this presumption or even to indicate that the plaintiff’s assignor is maintaining a place of business in the State of New York or in any way “ doing business ” here within the purview of section 218 of the General Corporation Law (Angldile Computing Scale Co. v. Gladstone, 164 App. Div. 370 ; see, also, M.

11955–1955
Banister v. Solomon green
ca2 · 1942
1 sentence

1950The continuity of absence from this State which tolls the statute under section 19 of the Civil Practice Act is not broken by sporadic returns and, in any case, the burden is on the defendant to overcome the presumption of absence from the State which flows from his nonresidence (Banister v. Solomon, 126 F. 2d 740 ).

11950–1950
Howard v. . City of Rochester neutral
ny · 1899
1 sentence

1936(Blanshan v. Russell, 32 App. Div. 103 ; affd., 161 N. Y. 629 .) Quoting from the opinion of Parker, P. J.: “ It is true that the recital ‘ for value received ’ in a note imports a consideration, and the burden is upon the defendant to overcome the presumption arising therefrom.

11936–1936
Vallett v. Parker green
nysupct · 1831
1 sentence

1870(Vallett v. Parker, 6 Wend. 615 .

11870–1870

Where else courts name it

TX 35 (1986–2023) WY 23 (1993–2011) IL 22 (2011–2026) IN 11 (2000–2014) OH 8 (1975–2026) NY 7 (1870–2024) NC 6 (1983–2021) AL 6 (1988–1997) WA 5 (1920–1994) VA 5 (1904–2008) KY 4 (1931–1956) CA 4 (1885–1916) GA 4 (1930–1999) IA 4 (1878–1983) LA 4 (1973–2023) PA 3 (1921–2016) ID 3 (1999–2014) MI 3 (2016–2018) MO 3 (1950–2025) KS 3 (2007–2011) MT 3 (1912–2023) NE 2 (1896–1898) VT 2 (2020–2021) NJ 2 (1928–1994) TN 2 (2019–2020) FL 2 (1996–2012) CO 2 (1971–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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