98 Mass. 222 | Mass. | 1867
We are of opinion that the ruling of the court at the trial was erroneous. Under the provisions of the practice act, a general denial in the answer of the allegations in the plaintiff’s declaration is sufficient to put in issue all the facts necessary to be proved by the plaintiff in order to make out a primd facie case. Gen. Sts. c. 129, § 17. Boston Relief & Submarine Co. v. Burnett, 1 Allen, 410. Estabrook v. Boyle, Ib. 412. In the latter case it was held that such a general denial made it incumbent on the plaintiff to prove the consideration of a note in an action by an indorser against the maker, although there was no express averment in the declaration that the note was given for value. The reason is that such general denial puts in issue every fact th« burden of proof of which rests on the plaintiff, although the production of the note itself is sufficient to sustain such burden.