Morrison v. Westbrook

1. The burden is upon the defendant to sustain a plea of payment or of set-off by a preponderance of the evidence. Where, in support of either plea, the defendant undertakes to show that he has delivered to the plaintiff a sufficiency of personal property to pay the indebtedness sued on, or to create an indebtedness by the plaintiff to the defendant for the property thus delivered, the evidence must authorize an inference not only as to the quantity and value of the property delivered, but that the property was either accepted by the plaintiff as payment on the indebtedness sued on, or that…