Little v. GRUBB OIL COMPANY

GRAHAM, Judge.

Three of appellant’s assignments of error raise the question of whether plaintiff proved that she gave any consideration for the subject note.

The note was a negotiable instrument and was under seal. Thus, a presumption of consideration was raised. 1 Strong, N.C. Index 2d, Bills and Notes, § 4. While this presumption is rebuttable as between the original parties or as to any person not a holder in due course, the burden of rebutting the presumption is on the defendant. Trust Co. v. Smith Crossroads, Inc., 258 N.C. 696, 129 S.E. 2d 116. The question of whether a defendant has…