Gulf Lumber Co. v. Bender

This suit is brought to enforce payment of two promissory notes, made by defendant to the order of plaintiff. The defense is lack of consideration, because the. potes, which were obtained by plaintiff through the misrepresentations of its auditor and attorney, were executed to cover the purchase price of certain cast-iron pipe previously sold to defendant and paid for in full. Plaintiff was given judgment, and the defendant appeals.

The issue between the parties is one solely of fact, with the burden of proof resting upon defendant. The trial judge rejected, and we think correctly, the defense…