Creditors Association v. Fry

This is an action to recover the balance claimed to be due on a promissory note. Defendants answered, admitting execution of the note, and pleaded payment as an affirmative defense. The cause was tried to the court, which found that the note had been paid, and entered judgment dismissing the action. Plaintiff appealed.

In order to be effective in favor of the party pleading it, the plea of payment must be supported by a preponderance of the evidence; that is to say, the plea of payment tenders an affirmative defense, and the burden of proving it is upon the party pleading it. Palmer v. Parker,…