Dielmann v. Citizens' Nat. Bank of Madison

Citations

• 8 S.D. 263
• 66 N.W. 311
• 1896 S.D. LEXIS 15

Syllabus

<p>1. When a party has pleaded the statute of limitations as a defense to a promissory note, and such note is introduced in evidence by the opposing party, and it appears upon its face to be barred by the statute — the court taking judicial notice of when the action was commenced — the burden of proving such facts as will show the note is not in fact barred devolves upon the party claiming under the note.</p> <p>2. In such case, if the party claiming under the note fails to rebut the prima facie case which the introduction of- the note in evidence makes for the party pleading the statute, the court is justified in finding that the note is barred.</p> <p>8. The note, though appearing upon its face to be barred by the statute, cannot be held to be barred, until the opp.osing party has had an opportunity , to rebut such prima fade case made by the note itself.</p> <p>(Syllabus by the Court.</p>