J. B. Colt Co. v. Gainey, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: BUFORD, C.J. —
Attorneys: J. L. Frazee, for Plaintiff in Error;
E. M. Johns, for Defendant in Error.
Filed: Oct. 01, 1931
Latest Update: Mar. 02, 2020
Summary: In this case there were pleas of failure of consideration. Verdict was directed in favor of the defendant on the theory that plaintiff did not meet the burden of proof as is required. Davis v. Leighton, 80 Fla. 594 , 86 South. Rep. 564. Assuming that the burden of proof to meet the plea of failure of consideration was on the plaintiff, there was some evidence to prove valuable consideration for the execution and delivery of the notes constituting the cause of action. This evidence consisted of t
Summary: In this case there were pleas of failure of consideration. Verdict was directed in favor of the defendant on the theory that plaintiff did not meet the burden of proof as is required. Davis v. Leighton, 80 Fla. 594 , 86 South. Rep. 564. Assuming that the burden of proof to meet the plea of failure of consideration was on the plaintiff, there was some evidence to prove valuable consideration for the execution and delivery of the notes constituting the cause of action. This evidence consisted of th..
More
While concurring in the conclusion and judgment of reversal, I am inclined to the view that the burden of proof was on the defendant under its pleas in this case. See sections 6784, 6788 C. G. L.
Source: CourtListener
