International Harvester Co. of America v. Smith

Citations

• 51 Fla. 220

Syllabus

<p>1. The burden of proof is upon the defendants who plead payment to sustain such plea by a preponderance of the-evidence.</p> <p>2. Where in an action by the original payee against the makers of a note given for goods purchased the defendants pleaded payment and proved by a preponderance of the evidence that an authorized agent of the plaintiff directed the defendants to settle the particular indebtedness, a part of which is sued for, with the local agent of the plaintiff, -and the payment of the amount of the note by the defendants to such local agent is shown and not denied, and it is also shown without contradiction that the defendants had frequently paid such local agent for goods purchased of the plaintiffs, a verdict for the defendants will not be disturbed by the appellate court.</p>