Wight v. Citizens Bank

Citations

• 17 N.M. 71
• 124 P. 478

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>A denial by the alleged maker of a promissory note, under oath, of the signature thereto, coupled with an allegation that the signature is a forger-y, places in issue the genuineness and due execution of the same under Sub-Section 308, Chapter 107 of the Laws of New Mexico, 1907, and does not constitute an affirmative defense, casting upon the defendant the burden to establish by a preponderance of the evidence that he did not make and execute the note in question.</p>