¶1Judgment affirmed, withcosts. All concurred, *946except Kruse, J., who dissented 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 fifty dollars rent should have been allowed.
155 A.D. 945
Bromsted v. Hamilton
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-03-15
Decided 1913-03-15