...decision." The Council additionally inferred that the ALJ had simply found that the claimant's testimony did not constitute sufficiently "clear and convincing evidence" to rebut the presumption of ownership. It...issue. Such a finding was especially critical to the outcome of this case because the testimony in this record, if credible, would adequately rebut the Administration's presumption of ownership. The...simply not substantial enough to prove lack of ownership. Such an inference might be possible where the claimant's testimony, even if accepted as true, was ambiguous or incomplete. Here, however, the claimant's testimony was so clear that if it is credited she clearly met her burden of rebutting the presumption of...

..., for appellee. PROPERTY: Possession — Presumption as to Ownership. Proof that stock was on the premises of a... ownership by appellee, nor should the court balance the evidence on the subject and decide where, in his judgment, the preponderance lies. That duty is solely one imposed upon the jury. It is a well established and very familiar rule that the possession of personal property raises a presumption of...ownership in the person having such possession. Strictly speaking, proof of possession of personal property does not create a presumption of...

...fiduciary. . . ." Under the common law, possession of personal property raises a rebuttable presumption of ownership. 73...). The dissent states that "[t]here is no rebuttable presumption of ownership from possession of stolen property belonging to a known owner," citing for authority 73 C.J.S. 237, Property § 36...(b) (1983) and two cases. The dissent then quotes from 73 C.J.S. 237, Property § 36(b) (1983) for the proposition that the presumption of ownership does not arise when there are ascertained and...

...sale of goods or services. See generally J. Thomas McCarthy, 2 McCarthy on Trademarks and Unfair Competition § 16.03 (3d ed. 1996) (hereinafter McCarthy). When proving ownership of a trademark, federal registration of the mark is prima facie evidence that the registrant is the owner of the mark. Lanham Act § 7(b), 15 U.S.C. § 1057(b); Lanham Act § 33(a), 15 U.S.C. § 1115(a). Therefore, the registrant is granted a presumption of...ownership, dating to the filing date of the application for federal registration, and the challenger must overcome this presumption by.... 1953). However, the nonregistrant can rebut this presumption by showing that the registrant had not established valid ownership rights in the mark at the time of registration — in other words, if...

...parents' illness or disability, and the defendant made no deposits or withdrawals on her own behalf. As a result, the trial court properly found that the wife rebutted the presumption of ownership of the...prima facie evidence of an intent to create a joint tenancy ( see, Banking Law § 675). The presumption created by Banking Law § 675 can be rebutted "by providing direct proof that no joint... THOMAS FRAGETTI, appellant, v. DIANE FRAGETTI, respondent. Appellate Division of the Supreme Court of New York, Second Department...

...security interest held by another person . . . ." Minn.Stat. § 65B.43, subd. 4 (1982). Arneson contends that mere registration of title in the name of Helene Sjolie creates an irrebutable presumption of ownership under...a lessee under a lease not intended as security." We have held, however, that a party may introduce extrinsic evidence to rebut the presumption of ownership created when..., even though the testimony of buyer and seller may be sufficient to rebut the presumption of ownership raised by registration, their credibility is for the trier of fact and the conclusion that the self...

...the close of the proof, stated that plaintiff failed to prove by a fair preponderance of the evidence that Garrett transferred the vehicle involved before the accident and that presumption of ownership was...majority that the determination of whether or not the presumption of ownership was overcome must be decided by the jury. Having conceded that Garrett was the owner of the Buick automobile on July 9..., 1965, appellant had the burden of proof to establish that the presumption of ownership of the automobile by Garrett on the date of the accident was overcome. Appellant attempted to sustain its burden of...

...circumstances to the contrary, a presumption arises from proof of ownership and control of premises, an automobile, or other property that the owner is in control and...have been unlocked for a short time does not, standing alone, establish the "access" contemplated by the above-stated exception to the general rule so as to preclude the application of the presumption of ownership of...). To hold otherwise would effectively negate the existence of the presumption; for in order to invoke the presumption of ownership, it would thus be necessary to show that absolutely no one, other...

...-Owners) asks us to determine whether extrinsic evidence of ownership of a motor vehicle may be introduced to rebut the presumption that the...he was not the registered owner of the vehicle. In making that finding, the district court, relying on Solum, refused to consider extrinsic evidence rebutting the presumption of ownership. In...where it is permissible to introduce extrinsic evidence to rebut the presumption of ownership: `[F]or purposes of vicarious liability under the Motor Vehicle Act and liability under the No Fault Act...

...Motor Vehicle Certification of Title Act (motor vehicle act), which addresses the presumption of ownership of an automobile based on title. See...ownership of the automobile. This presumption of ownership was rebuttable rather than conclusive on the issue of ownership." Id. (quoting Welle v. Prozinski, 258 N.W.2d 912, 916 (Minn. 1977)). But after passage of Minn. Stat. § 168A.10, "the presumption of...ownership established by the certificate of title, that [prior to 1971] was generally rebuttable, became for the most part conclusive." Solum, 641 N.W.2d at 899. Thus, the motor vehicle act creates a presumption of...

...prima facie evidence of [Mode's] ownership of the vehicle ( see, Vehicle and Traffic Law § 2108 [c])" ( Sosnowski v. Kolovas, 127 A.D.2d 756, 758). However, "[t]his presumption of...in the [vehicle], with its attendant characteristics of dominion and control" on the date of the accident, and therefore, the presumption of ownership raised by the certificate of title was rebutted...owner of the subject vehicle. As the majority notes, this clearly "constitutes prima facie evidence of [Mode's] ownership of the vehicle ( see, Vehicle and Traffic Law § 2108 [c])" ( Sosnowski v. Kolovas, 127 A.D.2d 756, 758). To rebut the presumption of...

...rebutting the prima facie presumption of ownership established by proof of the issuance to him of the plates on the vehicle which caused injury, by proof which established violation of a statute and...not the result of any active negligence on its part. It arises by reason of section 59 of the Vehicle and Traffic Law and the denial to it of any right to rebut the presumption of ownership, under the...regulations of the Commissioner of Motor Vehicles. So, here, defendant, Dorp Motors, Inc., perhaps cannot, so far as plaintiff is concerned, overcome the prima facie presumption against it arising from...

..., because Georgia law states that possession of property creates a rebuttable presumption of ownership and because Condrey did not rebut this presumption, the magistrate judge found that Condrey's fraud..., Condrey claims that the district court overlooked evidence that established a genuine issue regarding whether he overcame the presumption of ownership in favor of SunTrust and Harrell Equipment. The...law, since the transactions or occurrences took place in Georgia. Specifically, the magistrate judge stated, "In the absence of a Louisiana contractual provision governing the ownership of the disputed property, the issue of ownership of the property in question must be determined under Georgia law." The parties disagree as to which law applies. Nonetheless, this choice-of-law issue need not be decided because under either state's law, possession of a thing creates a rebuttable presumption of...

..., plaintiff's claim of liability rests upon two contentions: (1) that the trade name "Atlanta Constitution" written upon the truck raises a presumption of ownership, absent any proof to the contrary; and...the fact that the trade name "Atlanta Constitution" was on the truck is alone sufficient to raise a presumption of ownership by the Publishing Company. Assuming arguendo that it is, the presumption is...negligence of the driver only when it is shown that the driver was the agent of the owner and acting within the scope of his authority and in furtherance of the owner's business. Upon proof of ownership of the vehicle, a presumption of...

.... Had this been a display of a dealer's plate upon a car, in violation of section 63 Veh. Traf. of the Vehicle and Traffic Law, a presumption of ownership would have been created, estopping...12 the display of another's plate created a common-law presumption of ownership of the car ( Ferris v. Sterling, 214 N.Y. 249) on...the part of the owner of the plate; but since Scarpulla affirmatively proved nonownership, the presumption of ownership has been overcome ( McCann...

...provided the money for the purchase and maintenance of the car would not have been sufficient to challenge the presumption of ownership raised by the registration. Evidence that...to raise a factual issue as to the validity of the presumption of ownership deriving from the registration. If the contrary is true, i.e., proof of gift plus financial maintenance raises a fact issue...-established rule that the registration of a motor vehicle is only prima facie evidence of ownership and that a plaintiff may rebut the presumption of ownership arising from the registration and prove that, in...

...mere physical possession is not sufficient to confer standing to contest forfeiture. Any presumption of ownership he enjoyed due to the fact that the Monstrance was seized from his possession was...663 (1962). Newton continues to insist that he possesses either a legal or an equitable ownership interest in the Monstrance or some sort of right arising out of physical...possession that accords him standing. As we held in our previous decision, however, Newton has been unable to establish a facially colorable ownership interest of either a legal or equitable nature, and...

.... Applicant contends that the prima facie presumption of ownership does not extend beyond the date of registration; in other words, that the registrant is presumed to have owned the mark on the date of...foreign country. Taking these provisions together, as we must, it is apparent that Congress intended that the owner of a mark should enjoy a continuing presumption of ownership during the life of the...registration of a trade-mark under the provisions of this act shall be prima facie evidence of ownership," and that any person who, without the consent of the owner, shall reproduce, counterfeit, copy or...

..., 96 Misc. 114) so as to overcome the presumption of ownership caused by the possession of the respondent. The proceeding was started as an inquiry under section 205 of the... In the Matter of the Estate of ANDREW EDWARD GLASGOW, Deceased. Surrogate's Court, Westchester County November, 1923.... Gilbert H. Montague ( Joseph W. Goodwin and Charles Furnald Smith, of counsel), for executor, the petitioner...