Messmore v. Larson

Citations

• 86 Ill. 268

Syllabus

<p>1. Burden- of proof — defense of set-off and release of note. In. a defense of set-off to an action on a note or due-bill, and that of a release, the burden of proof rests upon the defendant, and he must establish the Same by a preponderance of the evidence.</p> <p>2. Set-off—notes, the consideration of which has failed. A party, when sued upon a due-bill given by him, can not set off notes assigned to him on the plaintiff, the consideration of which has failed, when he had knowledge of such failure of consideration at the time he received such notes.</p>