Gallagher v. Kiley

1. Where suit is brought upon a promissory note and the defendant pleads that the note was without consideration, the burden is on the defendant to sustain the plea by showing by a preponderance of evidence the want of consideration.

2. Where suit upon a promissory note is brought against the personal representative of a deceased maker, and the question of the possession of the note-during the maker’s life becomes material, the plaintiff is not rendered incompetent by anything in the Civil Code, § 5269, as amended by the act of 1900 *421(Van Epps’ Code Supp. § 6200), to testify that after the…