Kessler v. Reese
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa county: L. IT. Bancroft, Circuit Judge. Promissory note. The complaint alleges that the defendants, in renewal of a prior note, made and delivered to the plaintiff their promissory note whereby they promised to pay to the order of the plaintiff, on or before April 6, 1914, .the sum of $500 with interest thereon at the rate of six per cent, per annum payable annually; that the interest on said note was paid to April 6,…
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Appeal from a judgment of the circuit court for Iowa county: L. IT. Bancroft, Circuit Judge. Promissory note. The complaint alleges that the defendants, in renewal of a prior note, made and delivered to the plaintiff their promissory note whereby they promised to pay to the order of the plaintiff, on or before April 6, 1914, .the sum of $500 with interest thereon at the rate of six per cent, per annum payable annually; that the interest on said note was paid to April 6, 1914, but that no part of the principal has been paid; that no proceedings have been had for the collection of said note;…
1Opinion of the CourtRosenberry, J.
The defendant complains of the following instruction: “In this case the defendant, in order to sustain the issue upon his part, must convince the jury by a preponderance o.f the evidence that the note has been paid.” It is urged on behalf of the defendant that the burden of proving by a preponderance of the evidence that the note was in fact lost, and of rebutting the presumption that the note had been paid, which arises from its nonpro-duction, was upon the plaintiff. Citing Bergen v. Urbahn, 83 N. Y. 49; Ward v. Munson, 105 Mich. 647, 63 N. W. 498.
The infirmity of the argument made by the…
2Cases cited2 opinions
- Bergen v. . Urbahn, Etc.New York Court of Appeals · 1880
- Ward v. MunsonMichigan Supreme Court · 1895