Nicholson v. Neary

Citations

• 77 Wash. 294
• 137 P. 492
• 1914 Wash. LEXIS 891

Syllabus

<p>Bills and Notes — Consideration—Forbearance—New Note for Note Without Consideration. Since forbearance to sue, to constitute a valid consideration for a new promise, must be upon a “well founded claim,” there is no consideration for a note given to prevent a present action upon an accommodation note given by defend-1 ant to plaintiff without consideration.</p> <p>Bills and Notes — Consideration — Presumptions — Burden of Proof — Evidence—Sufficiency. The prima facie presumption of a valuable consideration for every negotiable instrument, provided by Rem. & Bal. Code, § 3415, is not evidence, but a rule of law fixing the order of proof, and the presumption may be overcome, and the defendant may sustain the burden of proof, by the testimony of only one witness.</p>