Shannon v. Hoffman

The possession by the payee of a promissory note in the condition in which it was originally delivered and free from any evidence therein of cancellation, carries with it presumptions in favor of the payee as owner. As a matter of evidence it constitutes a prima facie case’ that the note is unpaid.

Appellant concedes the correctness of the foregoing rule. She does, however, seek to overcome the effect of that prima facie case by allegations that in April, 1944, “for good, valuable, and sufficient considerations, the said Johanna L. Pennifill [deceased], while the owner of the promissory note .…