Packard v. Clapp

<p>In an action on a promissory note, to which the defence was breach of warranty, and false and fraudulent representations, the defendant contended that the burden of proof was on the plaintiff, and that if, on the whole evidence, the jury were in doubt upon the warranty or the fraud, the defendant should have the benefit of the doubt? but requested no instructions beyond what the judge gave, which were that the production of the note made a prima facie case, and the plaintiff would be entitled to recover, unless it appeared that there was a breach of warranty or false representations as claimed by the defendant. Held, that the defendant had no ground of exception.</p>