Shelton v. Mentzer

Hall, Presiding Judge.

In a suit on a note, defendant appeals from the judgment and from the denial of his motions for new trial and judgment n.o.v.

Defendant admitted a prima facie case on the note and assumed the burden on his defense of failure of consideration. He offered evidence to show that he had given the note in payment of 2,500 shares of stock of a corporation in which he already held stock and in which he desired a controlling interest. He claims that he relied upon plaintiff’s representation that the person to whom the stock was originally issued had paid the corporation for it and…