Bank of Morehead v. Hernig

Citations

• 220 Pa. 224
• 69 A. 679
• 1908 Pa. LEXIS 757

Syllabus

<p>Promissory note — Action by indorsee against maker — Deject of title— Notice — Statement of claim — Affidavit of defense.</p> <p>Where in an action on a promissory note by an indorsee against the maker, the statement of claim does not aver that the plaintiff is a bona fide holder for value, and the affidavit of defense avers that the note was taken by the holder after notice of the payee’s defective title, and that no consideration passed, or if any consideration did pass, it was very small, the affidavit of defense is sufficient, and the plaintiff is put to the proof of the bona fides of the transaction, and to show his title.</p>