Noel and Another Against Murray.

Summary

The New York Court of Appeals affirmed the judgment for the defendant, holding that the third‑party note received at the same time as the sale of the looking‑glass plates is presumed to be payment, and the burden of proving otherwise rests on the creditor. Because no antecedent debt existed until the note and cash were delivered, the statute of frauds did not affect the outcome. A concurrence agreed with the result and reiterated the same presumption.