Byerts v. Robinson

Citations

• 9 N.M. 427
• 9 Gild. 427

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Note — Evidence—Payment—Burden of Proof. — 1. Books of original entry can not be used as evidence unless the statutory requirements regarding their admissibility are first complied with.</p> <p>2. The statutory provisions in this regard amend the common law rule.</p> <p>3. The memorandum of sale was admissible in evidence to show that it included the entire stock of the vendor, and the receipt given at the time of the execution and delivery of the note is proper evidence to prove on what account said note was given.</p> <p>4. Defendant having offered in evidence receipts for certain payments dated subsequent to and claimed to be on account of the note given, no other debts being proven, the burden of proof thereupon shifted to plaintiff to show that said payments were on some other account than the note aforesaid.</p>