Fisk v. Mills

This is a suit upon a promissory note for $210.90, executed by defendant and ber husband to Dr. David Kelley, and by him assigned to plaintiff. The plaintiff, assignee of Dr. Kelley, recovered judgment for the amount of the note.

The fact appearing that defendant was a married woman, the burden rested upon the plaintiff of showing that the consideration of the note passed to her. Fechheimer v. Peirce, 70 Mich. 440. The consideration of the note consisted, in part, of a debt claimed to be owing from defendant, Mrs. Mills, for merchandise furnished upon her sole credit. There was evidence from…