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Bromstead v. Hamilton

140 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1913-03-26 English

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

Contents
p. 1111
BROMSTEAD, Respondent, v. HAMILTON, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
March 26, 1913.)

Headnote

Action by John H. Bromstead against Albert L. Hamilton, as administrator, etc.

Judgment affirmed, with costs.

dissents, upon the ground that a presumption of payment arises from the various transactions after the plaintiff’s claim accrued. The plaintiff made no such claim when called upon to pay defendant’s judgment, nor at any time until long after the death of defendant’s testator, and in any event the $50 rent should have been allowed.