30 N.Y.S. 162 | N.Y. Sup. Ct. | 1894
This action is upon a promissory note made by the defendants’ intestate. The answer denied the making and delivery of the note, and any indebtedness thereon. . The main question of fact litigated upon the trial was as to the authenticity of the note, and the verdict of the jury has, upon ample testimony, determined that question in the plaintiff’s favor. The question of consideration did not arise upon the pleadings. The answer was in effect a general denial, and that put in issue all facts which plaintiff was bound to prove to make out Ms cause of action. Milbank v. Jones, 141 N. Y. 340, 36 N. E. 388. A promissory note, whether it expresses value received or not, imports a consideration, and the burden rests upon the defendant to prove the fact is otherwise. Carnwright v. Gray, 127 N. Y. 92, 27 N. E. 835. As the answer did not plead that defense, the court was correct in its charge that there was no question of that kind in issue. The fact that the payee of the note was the maker’s mother did not take the case out of the operation of the rule cited.
No other question requires notice. The judgment and order must be affirmed, with costs. All concur.