Vician v. Vician

Plaintiffs, as assignees of two persons on a promissory note, filed complaint against two Defendants. After bench trial, court awarded Plaintiffs $257,586 on the note and $51,014 in attorney fees. Record supports trial court's finding that Defendants failed to prove their defense of payment, and found Defendant's testimony incredible and inconsistent.Consideration for a negotiable note is presumed, and burden is on defendant to show its absence. Plaintiffs did establish consideration by testimony of Plaintiff. Thus, court properly denied Defendants' motion for directed finding. (HUDSON and BIRKETT, concurring.)