Tinker v. Midland Valley Mercantile Co.
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231 U.S. 681 (1914)
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U.S. Supreme Court
Tinker v. Midland Valley Mercantile Co., 231 U.S. 681 (1914)
Tinker v. Midland Valley Mercantile Company
Submitted October 30, 1913
Decided January 5, 1914
231 U.S. 681
Under the provision in the Indian Appropriation Act of June 21, 1906, c. 3504, 34 Stat. 325, 366, making it unlawful for traders on the Osage Indian Reservation to give credit to any individual Indian head of a family for any amount exceeding seventy-five percentum of his next quarterly annuity, the burden of proof is on the person taking and attempting to enforce a note to bring his claim within the permission of the statute.
The order of pleading does not always determine the burden of proof. While generally the payee of a note need not allege consideration in declaring upon it, if there is conflicting evidence. he has the burden of proof.
Quaere whether the fact that a note is very largely in excess of the amount permitted to be given by statute does not constitute a prima facie case against the holder even if the burden were not upon him.
25 Okl. 160 reversed.
The facts, which involve the construction and application of the Act of June 21, 1906, making it unlawful for traders on the Osage Reservation to give credit beyond a certain amount to Indians, are stated in the opinion.