delivered the opinion of the court.
Where the execution of a note is denied, there is no presumption in favor of the fairness or regularity of the transaction, and the instruction given was misleading and erroneous. Sears v. Daly, 43 Or. 346 (73 Pac. 5), and cases there cited.
No error appears in other rulings made and excepted to on the trial.
The judgment is reversed, and a new trial ordered.
Reversed.
Mr. Justice Burnett took no part in this decision.