
    McMahon against Crockett.
    DECEMBER, 1824.
    Dept on promisory note issue on a"piei 'that defendant re-deration* for the Itself evidence* of the consideration!
    ^ the Circuit Court of Morgan County, McMahon de~ dared in debt against Crockett on a promissory note; defen-daiit plead nil debit, and another plea, averring generally that he never received any consideration from plaintiff or any other person for the note; on both of which pleas issues were joined. On the trial the plaintiff offered no other evidence than the note, and on motion of the defendant the Court instructed the Jury, that unless the plaintiff produced other evidence of the consideration, they must find for the defendant on the plea averring no consideration; to which the plaintiff excepted. Verdict and judgment for defendant. The plaintiff here assigned the matter of the bill of Exceptions as Error.
    
      McKinley and Hopkins for plaintiff.
    
      Clay for defendant in Error.
   Judge Saffold

delivered the opinion of the Court."

The charge of the Circuit Court was erroneous. The -note was evidence of the consideration. Let the judgment be reversed, and the cause be remanded.

Judge Minor having presided in the Court below, did not sit.

Note. — On the trial in the Circuit Court the Judge was of opinion that the second plea mentioned should have been. demurredto, and that the plaintiff holding the affirmative of the issue had taken the burthen of proof on himself; but it seems to have been held otherwise in the decisions in Kentucky, where the Statute is similar to ours. See 1 Littell, 257, 265. Laws Ala. 462, s. 3, 4. 1 Marshall, 602, 332, 3 Bibb. 264, 4 Bibb. 67.  