Legal Opinion · Dissent

Pierce v. Reeve

Appellate Court of Illinois

Decided June 19, 1940No. Gen. No. 41,104Published

1DissentJustice Burke

The issue to be determined is whether there was consideration for the note. Defendant does not challenge the assertion of plaintiff that under section 24 of the Negotiable Instruments Act (par. 44, ch. 98, Ill. Rev. Stat. 1939 [Jones Ill. Stats. Ann. 89.044]), the note is deemed prima facie to have been issued for a valuable consideration, and that the burden is upon the defendant to establish the defense of absence of consideration by a preponderance of the evidence. Plaintiff could have rested her case after the introduction of the note. After making out a prima facie case, however, she…

2Cases cited4 opinions

  1. Nelson v. Stutz Chicago Factory Branch, Inc.Illinois Supreme Court · 1930
  2. Wallner v. Chicago Consolidated Traction Co.Illinois Supreme Court · 1910
  3. Cox v. Aetna Casualty & Surety Co.Appellate Court of Illinois · 1936
  4. Adams v. HallAppellate Court of Illinois · 1912

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