Appellate Division of the Supreme Court of the State of New York July 31, 1917 (Sproul v. Beskin)

Blackmar, J.:

The plaintiff having proved the note, and that he had paid the same and taken it up from the bank, rested on the prima facie case. The burden then shifted to the defendant to prove the defective title to the note as alleged in the answer, but he was prevented from so doing by rulings by the court, on the ground that the plaintiff was not present at the time of the transaction.