Brian v. Merrill

Citations

• 23 Pa. Super. 629
• 1903 Pa. Super. LEXIS 132

Syllabus

<p>Promissory notes — Affidavit of defense — Consideration—Fraud.</p> <p>In an action on a promissory note by an indorsee against the payee of the note, the payee filed an affidavit of defense in which he averred that he had purchased stock of a corporation and in payment of same had indorsed and delivered the note in suit to P.; that the said stock had been issued to P. without consideration; that there was no consideration for the payee’s delivery of the note to P., “ who fraudulently induced me (the payee) to deliver said note to him.” There was no averment as to what were the grounds upon which the stock had been delivered without consideration, nor was there any averment as to what were the fraudulent inducements. P. received the note and delivered it to his son who indorsed it to plaintiff. The appellant averred that plaintiff was not a bona fide holder for value, but there was no offer to return the stock. Held that the affidavit of defense was insufficient.</p>