First National Bank v. Doschades

I dissent. The precise point was decided in Casey v. Empey, 34 Ida. 244, 200 Pac. 122. In that ease, the court said:

“Where the maker of a promissory note pleads want of consideration, plaintiff (payee) may recover in the absence of evidence in support of the plea. But if defendant give evidence tending to show want of consideration, the burden is on the plaintiff to show by a fair preponderance of evidence upon the whole case that there was consideration. (Brannan’s Negotiable Instruments Law, 3d ed., see. 24, p. 95, and eases there cited.)”

(July 25, 1929.)

To the same effect, see…