Perley v. Perley
Massachusetts Supreme Judicial Court
CONTRACT, upon a promissory note for $1000, dated April 24, 1883, payable, on demand, to the plaintiff, and signed by the defendant.
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CONTRACT, upon a promissory note for $1000, dated April 24, 1883, payable, on demand, to the plaintiff, and signed by the defendant. The answer contained a general denial, and continued as follows: “ And further answering the defendant says, that, at the time he received the $1000, in consideration of which the note mentioned in the plaintiff’s declaration was given, the plaintiff had in his possession the sum of $5000, in trust to divide, and which it was his duty to divide, into three parts, giving to the defendant one third of the same, and this the plaintiff promised to do if the…
1Opinion of the CourtDeVees, J.
While the burden of proof in an action upon a promissory note, as between the original parties, is upon the promisee to establish the fact that it was given for a valuable consideration, the production of the note and proof “of the defendant’s signature establish a prima facie case which entitles the plaintiff to a verdict. But the burden of proving a consideration still remains upon the plaintiff, notwithstanding this presumption, and, if there is any evidence in the case on this point on behalf of the defendant, the plaintiff must show, by a preponderance of the whole evidence, that the…
2Cases cited1 opinion
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
3Cited by28 opinions
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- Epstein v. Boston Housing AuthorityMassachusetts Supreme Judicial Court · 1944
- Standerwick v. Zoning Board of AppealsMassachusetts Supreme Judicial Court · 2006
- Eaton v. N.Y. Life Ins. Co. of N.Y.Supreme Court of Pennsylvania · 1933
- Leonard v. WoodwardMassachusetts Supreme Judicial Court · 1940
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