Huntington v. Shute
Massachusetts Supreme Judicial Court
Contract on a promissory note. Declaration filed July 3, 1900, under a decree of the Superior Court changing a suit in equity into an action at law as to these defendants. At the trial in the Superior Court, before Hopkins, J., it appeared, that the note was as follows : “ $750.00. Boston, Mass., April 21, 1898. One year from date on demand we promise to pay to the order of Eliza P. Huntington seven hundred and fifty dollars. Value received.
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Contract on a promissory note. Declaration filed July 3, 1900, under a decree of the Superior Court changing a suit in equity into an action at law as to these defendants. At the trial in the Superior Court, before Hopkins, J., it appeared, that the note was as follows : “ $750.00. Boston, Mass., April 21, 1898. One year from date on demand we promise to pay to the order of Eliza P. Huntington seven hundred and fifty dollars. Value received. Interest at 3£ per cent per annum. Charles S. Shute. Rosetta E. Shute.” The defence was want of consideration. The judge instructed the jury that the…
1Opinion of the CourtLathrop, J.
The rule is well settled in this Commonwealth that, in an action on a promissory note, the burden of proof is upon the plaintiff to establish the fact that it is given for a valuable consideration. While the production of the note, with the admission or proof of the signature, makes a prima facie case, yet if the defendant puts in evidence of a want of consideration, the burden of proof does not shift, but remains upon the plaintiff, who must satisfy the jury, by a fair preponderance of the evidence, that the note was for a valid consideration. Morris v. Bowman, 12 Gray, 467. Estabrook v.…
2Cases cited2 opinions
- Perley v. PerleyMassachusetts Supreme Judicial Court · 1887
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
3Cited by11 opinions
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- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
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