Hunt v. Eure

In the former opinion in this case it was held that the note sued on was nonnegotiable, and, therefore, under the former rulings in this State (Stronach v. Bledsoe, 85 N. C., 473, 476; Carrington v. Allen, 87 N. C., 354), “A consideration is not presumed and must be both averred and proved. In such case the burden of proving a consideration is on the plaintiff.”

It is also held that the recital of value in the note itself makes out a prima facie case when the execution and delivery are shown; and.if the defendant then offers evidence tending to establish a failure of consideration, the burden…