Guerin v. Patterson

Citations

• 55 Tex. 124
• 1881 Tex. LEXIS 93

Syllabus

<p>1. Practice in supreme court.—A ruling of the district court which, though abstractly erroneous, did not prejudice the rights of appellant, will not constitute a ground for reversal of the judgment.</p> <p>2. Burden of proof ■—Negotiable note — Charge of court.— The possession by plaintiff of a note payable to order, and held by him before maturity, constitutes, in a suit thereon, a prima facie case entitling him ordinarily to recover; the burden of proof is then shifted upon defendant, and in such case, where the real issues were ownership of the note by plaintiff, and payment, a charge of the court that the burden of proof is upon the plaintiff, and to entitle him to recover he must “ satisfy the jury by a preponderance of evidence that he is entitled to recover,” held error, which, under the peculiar facts of the case, required a reversal.</p>