Geliebter v. First National Bank

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Escrows, § 1*—what unnecessary to prove in action by holder. It is not necessary that an escrow holder, who is suing a bank upon certified checks deposited with such escrow holder as earnest money, in'lieu of the actual cash, in the course of the making of a contract for the sale of real estate, aver and prove a consideration, as a prima facie case is made out by offering the checks in evidence and proving the signatures. 4. Escrows, § 12*—who has burden of proving failure of eonsideration. The burden lies upon the defendant, in…