In a promissory note case, Ramon sues Harold. Harold’s answer is unverified and he denies the genuineness of the note. Ramon wants to offer an NBI handwriting expert to prove forgery and a witness to show lack of consideration. May Ramon validly object to the forgery testimony? What about the lack of consideration?

In a promissory note case, Ramon sues Harold. Harold’s answer is unverified and he denies the genuineness of the note. Ramon wants to offer an NBI handwriting expert to prove forgery and a witness to show lack of consideration. May Ramon validly object to the forgery testimony? What about the lack of consideration?

• A. Yes to forgery; No to lack of consideration
• B. No to forgery; Yes to lack of consideration
• C. Yes to both forgery and lack of consideration
• D. No to both forgery and lack of consideration

Answer: (A)

In actions on promissory notes, the issue of genuineness is central. When the signer denies the genuineness of the note, the case allows extrinsic proof to decide whether the signature is genuine. A handwriting expert from the NBI is a proper means to establish forgery, since the question is directly whether the instrument is authentic. The court can weigh the expert’s opinion to determine if the note is forged, and the plaintiff may offer this testimony to prove forgery despite the defendant’s denial. The defendant’s lack of verification of the answer does not bar admission of such handwriting evidence. Lack of consideration, by contrast, is not a valid defense in a suit on a negotiable instrument because the instrument is presumed to have been issued for value. The presumption of consideration means trying to prove lack of consideration won’t normally defeat liability on the instrument. Therefore, a witness to show lack of consideration would not be a proper or effective defense here.

In actions on promissory notes, the issue of genuineness is central. When the signer denies the genuineness of the note, the case allows extrinsic proof to decide whether the signature is genuine. A handwriting expert from the NBI is a proper means to establish forgery, since the question is directly whether the instrument is authentic. The court can weigh the expert’s opinion to determine if the note is forged, and the plaintiff may offer this testimony to prove forgery despite the defendant’s denial. The defendant’s lack of verification of the answer does not bar admission of such handwriting evidence.

Lack of consideration, by contrast, is not a valid defense in a suit on a negotiable instrument because the instrument is presumed to have been issued for value. The presumption of consideration means trying to prove lack of consideration won’t normally defeat liability on the instrument. Therefore, a witness to show lack of consideration would not be a proper or effective defense here.