¶1By the statute (2 R. S. p. 110, subs. 5), the Court is bound to instruct the jury, unless the parties consent to dispense with instructions.
¶2A promissory note is, prima fade, sufficient evidence to justify the entry of judgment against the maker, in a suit on the note; and, to defeat such judgment, in such suit, the maker, defendant, must establish, to the satisfaction of the jury, a legal defense to the note. No defense, whatever, was proved in this case.
¶3The judgment is reversed with costs. Cause remanded for a new trial.