Plaza Hotel Co. v. Stratton

This is an action on a promissory note. Defense relied on is want of consideration. Trial of the cause to court and jury resulted in a verdict and judgment thereon for defendant. Plaintiff has appealed.

Plaintiff contends that the court erred in giving certain instructions, one of which informed the jury that the bur-' den was on the plaintiff to prove by a preponderance of the evidence that there was a good and valuable consideration for the promissory note. Counsel for defendant contends that this is a correct statement of the law and cites in support of his contention Search v. Miller, 9…