H. Rubenstein Co. v. Tucker

While every holder of a negotiable instrument is deemed prima fade to be a holder in due course (Neg. Inst. Law, § 98), if it'appears that he- did not give value for the instrument such presumption would be overcome (Neg. Inst. Law, § 91). The burden of proof as to consideration has been held to be on the plaintiff (Hoffay v. Hershenstein, 232 App. Div. 149), although the defendant is required to plead lack of consideration affirmatively (Abrahamson v. Steele, 176 App. Div. 865). As the complaint failed to show how plaintiff obtained the instrument, the court below, in its discretion, had the…