Legal Opinion

Bane v. Gwinn

Idaho Supreme Court

Decided December 26, 1900PublishedCited by 13 opinions

APPEAL from District Court, Canyon County. When a want of consideration is pleaded, as it is here, in an action upon a promissory note, it simply devolves upon the defendant by a preponderance of evidence to prove that no consideration was given.

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APPEAL from District Court, Canyon County. When a want of consideration is pleaded, as it is here, in an action upon a promissory note, it simply devolves upon the defendant by a preponderance of evidence to prove that no consideration was given. If no evidence was introduced, the presumption of consideration prevails, but when evidence has been introduced by defendant, the burden is thrown upon the plaintiff to satisfy the jury by a preponderance of evidence that there was a consideration. (6 Am. & Eng. Ency. of Law,. 763, 764, and notes; Campbell v. McCormack, 90 N. C. 491;. Small v.…

1Opinion of the CourtHuston, C. J.

This action is brought by the plaintiffs against the defendant, as the executor of the last will and. testament of Mervin H. Gill, deceased, to recover from said estate the amount alleged to be due upon a certain promissory note alleged by plaintiffs to have been executed and delivered by ¡said Gill in his lifetime to Belle Bane, a married woman, and one of the plaintiffs, for the sum of $4,500 and interest. Said note having been presented for allowance to the said executor, and by him rejected, this action is brought for the recovery of the same. The answer of defendant denies the execution…

2Cited by13 opinions

  1. State ex rel. Beck v. GleasonSupreme Court of Kansas · 1938
  2. Mason v. MootzIdaho Supreme Court · 1953
  3. State v. BogrisIdaho Supreme Court · 1914
  4. State v. AllenIdaho Supreme Court · 1933
  5. State v. SeymourIdaho Supreme Court · 1905

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