Legal Opinion

Jones v. . Winstead

Supreme Court of North Carolina

Decided November 28, 1923Published

1Opinion of the CourtHoke, J.

The execution of the note, a negotiable instrument, having been duly proven, and same put in evidence, under our statutes and decisions applicable, there is a presumption that it was given for value, and the question of a lack of consideration is a matter of defense, the burden being upon the defendant to establish it. Piner v. Brittain, 165 N. C., 401, and authorities cited; C. S., ch. 58, secs. 3004 and 3006, etc. There is also a rebuttable presumption that the promissor was sane at the time of the execution of the note, and on that question the burden' of showing the contrary, as a general…

2Cases cited4 opinions

  1. Leaksville-Spray Institute v. MebaneSupreme Court of North Carolina · 1914
  2. Harper v. DavisCourt of Appeals of Maryland · 1911
  3. Piner v. . BrittainSupreme Court of North Carolina · 1914
  4. Hudson v. . HudsonSupreme Court of North Carolina · 1907

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