Sharick v. Szefcyk

*334OPINION

By FUNK, J.

The court followed the rule laid down in Ginn v Dolan, 81 Oh St 131, and instructed the jury that “the burden of proof rests upon the plaintiffs to prove by a preponderance of all the evidence that there was a valid consideration for said notes.”

Counsel for plaintiffs claim that §§8139 and 8133, GC, of the negotiable instruments code, make “want of consideration” an affirmative defense. Said §8139, GC, reads as follows:

“Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration; and every person whose signature appears thereon to have…