Downing v. Donegan

I concur in the judgment for ' the following reasons:—

The due execution of the note in suit, and its assignment to plaintiff, and that the latter is the “owner and holder” thereof, is admitted by the defendants’ failure to deny the same. Inasmuch as the execution of the note and ownership in plaintiff were admitted by the pleadings, if the case had been submitted without any evidence the plaintiff would have been entitled to a judgment for the principal and interest of his note. The burden was on defendants to prove their affirmative defense as to the trust fund. It was also on them to prove…