Mansor v. Opelinsky

1. The motion for a new trial assigns error upon tlie following excerpt from the charge of the court: “ It is admitted that these goods, when they arrived, were received by the defendant. That admission being made, a prima facie case would be made out for the plaintiff, and before you would be entitled to find in favor of the plea of failure of consideration filed by the defendant in this case, it would be incumbent upon the defendant to show, by a preponderance of the evidence in the case, the truth of his plea of failure of consideration.” This charge was adjusted to the pleadings and the…