Colthurst v. Lake View State Bank
United States Court of Appeals for the Eighth Circuit
18 F.2d 875 (1927)
Relevant factsFree
Lake View State Bank (plaintiff) sued Colthurst (defendant) on a note, presenting testimony that it held the note as a holder in due course; Colthurst argued the note was fraudulent and the bank was not a holder in due course, but the trial judge ruled Colthurst's only evidence on that issue was inadmissible and barred him from introducing fraud evidence without first establishing the due-course issue. The judge then directed a verdict for the bank, and Colthurst appealed.
IssueFree
Whether, once the plaintiff makes a prima facie case by producing evidence, the burden of producing evidence shifts to the defendant.