37 S.W.2d 66 | Ky. Ct. App. | 1931
Affirming.
The appellee brought this suit against the appellants, who are her husband and her sister-in-law, on a note executed by them to her on September 29, 1924, in the principal sum of $2,000 and payable one year after date. At the time this note was executed, appellee and her husband were living together, but have since separated after a long married life. The appellants made defense on a number of grounds, among which were that the note had been executed to the appellee without consideration, and that through mutual mistake the due date of the note had been stated therein as one year after the date of the note, whereas it was to be due only after the death of appellee's husband. They asked for a reformation of the note to conform to its true due date in the event the court found it a binding obligation, and on *261 their motion the case was transferred to equity. After proof had been taken, the court declined to reform the due date of the instrument and gave judgment to the appellee for the full amount of the note. From that judgment this appeal is prosecuted.
The sole ground relied upon for a reversal in this court is that the proof shows that the note was given without consideration. The note being a negotiable promissory note, the burden of proof on the question of "no consideration" rested of course upon the appellants. Arnett v. Pinson, 108 S.W. 852, 33 Ky. Law Rep. 36; Denny v. Darraugh,
Judgment affirmed.