THE PRESIDENT ARTHUR


22 F.2d 584 (1927)

THE PRESIDENT ARTHUR.

District Court, S. D. New York.

September 13, 1927.


Attorney(s) appearing for the Case

George Wright Hinckley, of New York City (J. Markham Marshall, of New York City, of counsel), for libelant.

Lampke & Stein, of New York City (Chauncey E. Treadwell, of New York City, of counsel), for claimant American Palestine Line, Inc.


THACHER, District Judge (after stating the facts as above).

The rule is settled that, when a note of a third party is taken at the time of the creation of a debt, as upon a sale of goods, the presumption is that it was taken in payment. Atlas S. S. Co. v. Colombian Land Co., 102 F. 358 (C. C. A. 2d); N. Y. & Cuba S. S. Co. v. Texas Co., 282 F. 221 (C. C. A. 2d); Hall v. Stevens, 116 N.Y. 201, 22 N. E. 374, 5 L. R. A. 802.

There is no need for such presumption...

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