Finder v. Morris Miller and Company, Inc.

Full title: Nathan Finder, Appellee, v. Morris Miller and Company, Inc., Appellant

Court: Appellate Court of Illinois, Chicago, First District

Date published: Jan 24, 1944

321 Ill. App. 307 (Ill. App. Ct. 1944)

52 N.E.2d 1023

Opinion

Gen. No. 42,747. (Abstract of Decision.)

Opinion filed January 24, 1944 Rehearing denied February 8, 1944

NEGOTIABLE INSTRUMENTS, § 289^_ — burden of proof and presumptions as to consideration. Although promissory notes are presumed to have been issued for valuable consideration to maker, upon evidence being offered tending to overcome this presumption, burden of proof is again cast on plaintiff (Ill. Rev. Stat. 1943, ch. 98, par. 44; Jones Ill. Stats. Ann. 89.044).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; the Hon. JOHN V. McCORMICK, Judge, presiding.

Reversed. Heard in the first division, first district, this court at the October term, 1943.

Morton B. Hochberg, for appellant;

Harry M. Kroon, for appellee;

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed January 24, 1944; rehearing denied February 8, 1944.