Holmes Bros. v. McCall

Citations

• 114 Miss. 57
• 74 So. 786

Syllabus

<p>1. Bills and Notes. Execution.</p> <p>The execution of a promissory note is tbe signing and delivery thereof, both of which must be proven when the execution is denied under oath.</p> <p>2. Bills and Notes. Delivery. Evidence.</p> <p>Delivery of a. note is presumed prima facie from the introduction of the note in evidence by plaintiff.</p> <p>3. Bills and Notes. Signing note. Admission. ' Burden of proof.</p> <p>Where in a suit on a promissory note the defendant’s special plea denied the execution and delivery of the note, but then proceeded to set forth that his signature thereto was obtained by fraudulent representations, so that construing the plea ag a whole and most strongly against the pleader, it denies delivery but not the signing of the note, and sets forth that the defendant signature thereto was obtained by fraud, this was an affirmative defense and must be proven by the defendant.</p>