Jacobs v. Becks

SMITH, Acting Chief

Judge, dissenting:

This is a simple case of a plaintiff failing to adduce necessary evidence which one must assume was readily available to plain*1244tiff; a trial judge who quite properly declined to speculate on what plaintiff might have been able to prove, and who therefore entered judgment for defendant; and an appellate decision that covers the omission in plaintiff’s proof by unduly stretching a legal presumption.

Without a doubt, a plaintiff-payee who proves his possession of the defendant-maker’s matured promissory note, and who introduces the authenticated note into…