Buck v. Coblentz

In Buck v. Coblentz, 18 Ohio Law Abs. 1, the plaintiff brought an action upon a promissory note against the maker of the note. The defendant-maker denied the execution of the note, claimed that the signature on the note was forged, and averred that there was no consideration for the note. The trial court held that plaintiff was entitled to the full amount of the note, plus interest. The appellate court affirmed, holding in part that "a promissory note regular on its face when introduced into evidence for all purposes, establishes a prima facie case against the person whose name appears on it as maker unless under the pleadings there is an issue as to the genuineness of the signature." Thus, in Buck, it was an action against a maker of a note upon a demand for payment of the note. In such a case, the burden is not upon the holder of the note to prove lack of payment, but on the maker to plead and prove payment as an affirmative defense. See Civ.R. 8(C).