Bacon v. Scott

Citations

• 154 Pa. 250
• 26 A. 422
• 1893 Pa. LEXIS 877

Syllabus

<p>Promissory notes — Fraud—Affidavit of defence.</p> <p>In an action on promissory notes by an indorsee against the maker, an affidavit oí defence is sufficient which avers that the plaintiff is not the holder or owner for value before maturity, but that the notes were handed by the payee to him for the purpose of deban'ing defendant from a defence : Moeck v. Littell, 82 Pa. 356.</p> <p>Sale — ■Warranty—Affidavit of defence.</p> <p>In an action to recover the price of certain doors, blinds and moldings, an affidavit of defence is sufficient which avers that the goods were sold under the express warranty and agreement that they were in size and dimensions like other doors, blinds and moldings being used in a large building operation, and were to be used therein; that defendant had no opportunity to examine them; that the articles were unsuitable for the purposes ordered, and not as represented in size and kind, and that in consequence defendant was compelled to sell them at a loss, specifically stated in the affidavit.</p>