Hyperlawhypertext legal database Dowling v. Hastings 138 N.Y.S. 1114

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Dowling v. Hastings

138 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1912-11-27 English

Decision Majority — PER CURIAM. · Dissent — BURR, J.,

Contents
p. 1114
DOWLING, Respondent, v. HASTINGS, Appellant.
(Supreme Court, Appellate Division, Second Department.
November 27, 1912.)

Headnote

Action by William J. Dowling against Alice M. Hastings.

Judgment and order affirmed, with costs.

dissents, upon the ground that, whether Dowling paid the judgment as agent of Brown or was a mere volunteer, the debt was extinguished by payment. In the absence of evidence whether the bank received the money in payment or for purchase, the presumption would be that it was for payment. There is nothing to overcome that presumption.