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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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in New York. | ||
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blanshan v. Russell
green
2 sentences1936(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. | 2 | 1927–1936 |
People v. Brown
green
1 sentence2024The burden then shifts to the defendant to overcome that presumption (see Brown, 28 NY3d at 406 ). | 1 | 2024–2024 |
Herald Co. v. Weisenberg
green
1 sentence1989(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. | 1 | 1989–1989 |
Associated Press v. Bell
green
1 sentence1989(Matter of Associated Press v Bell, 70 NY2d 32 .) The burden rests with the defendant to overcome the presumption of openness. | 1 | 1989–1989 |
Angldile Computing Scale Co. v. Gladstone
green
1 sentence1955There 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. | 1 | 1955–1955 |
Banister v. Solomon
green
1 sentence1950The 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 ). | 1 | 1950–1950 |
Howard v. . City of Rochester
neutral
1 sentence1936(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. | 1 | 1936–1936 |
Vallett v. Parker
green
1 sentence1870(Vallett v. Parker, 6 Wend. 615 . | 1 | 1870–1870 |
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.