- 20 - finance companies would not take the note and that the lots were unmarketable because $3,300 had to be put up in order to obtain good title to a lot. By contending that the note had no fair market value upon receipt, petitioner assumes the burden of establishing that contention. See Rule 142(a). We do not consider the fact that petitioner failed to convince County Bank to accept the note as having any weight. There may have been other reasons aside from the marketability of the note which prevented County Bank from accepting it. Petitioner did not offer into evidence anything from County Bank indicating its refusal to accept the note and why. No expert witnesses testified that there was no market for the note. Petitioner does assert on brief that he “testified as to his past experience in selling or hypothecating notes of this type”. When we review the testimony cited by petitioner, we note that he testified only with regard to his experience with this note, not any past experiences with other similar notes. With regard to his experience with the note in question, he did not provide any corroborating evidence to support his testimony (e.g., testimony from a representative of County Bank indicating that County Bank refused to accept the note because it had no value). In our opinion, the evidence does not sustain petitioner’s contention. Petitioner has not established any lesser value orPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011