Prouty v. Musquiz

This case comes to us upon a certificate showing the following statement and question:

"A negotiable promissory note executed by Cheney R. Prouty to James Riddle, payable to the latter's order, was transferred by the payee before maturity for valuable consideration to Sarah E. Eager, by delivery only, — that is to say by parol delivery without indorsement. Mrs. Eager assigned it to Rafael Musquiz. The above is a theory of fact presented by the record material to the case.

"In such case, is the burden of proof upon Musquiz, the holder of the note, to show that Mrs. Eager had no notice of the…