Citizens' National Bank of Roswell v. Bean

Citations

• 26 N.M. 203
• 190 P. 1018

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Section 2175, Code 1915, which precludes an opposite or interested-party from obtaining a verdict, judgment, or decision against the heirs, executors, administrators, or assigns of a deceased person upon his own evidence in respect to any matter occurring before the death' of the deceased person, unless such evidence is corroborated , by some other material evidence, has no application to a suit against the administrator of a deceased maker of a promissory note, where the signature of such deceased maker is admitted. P. 205</p> <p>2. Under section 61S, Code 1915, every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value, and in a suit upon a negotiable promissory note the burden of showing that there was want of consideration rests upon the defendant, and if the defendant offers any evidence which shows, or tends to show, want of consideration, then it is incumbent upon the plaintiff to show by a fair preponderance of evidence upon the whole case that there was consideration. P. 206</p>