Ginn v. Dolan

Citations

• 81 Ohio St. (N.S.) 121

Syllabus

<p>Suit on promissory note — Defense of want of consideration — > Btirden of proof on plaintiff — Evidence.</p> <p>Where in a suit upon a promissory note the defense is that the note was given or obtained without a valuable consideration, the plaintiff has the affirmative of the issue and the burden of proof rests upon him, at every stage of the case, to show a consideration for the note, by a preponderance of the whole of the evidence adduced on the trial. (Klunk v. The Hocking Valley Railway Co., 74 Ohio St., 125, approved and followed. Dalrymple, Admr., v. Wykcr, Admr., 60 Ohio St., 108, distinguished.)</p>