Hoffay v. Hershenstein

The action is upon a series of notes made by defendant to the order of plaintiff, under a written agreement, pursuant to which they were issued and which contains an acceleration clause.

The answer pleads, among other things, a failure of consideration. *150This issue as well as an issue of fraud likewise tendered by the answer was submitted to the jury. The trial court instructed the jury that the burden of proof of establishing both issues to the satisfaction of the jury rested upon defendant. In so far as the issue of lack of consideration is concerned, the charge Was erroneous, for the burden…