Brown v. Eccles

Citations

• 2 Pa. Super. 192
• 1896 Pa. Super. LEXIS 39

Syllabus

<p>Promissory notes — Fraud—Question for jury.</p> <p>Payment of a promissory note was resisted by one of the indorsers sued thereon on the ground that said note was given to take up another note of $1,000, on which same indorsers were liable, in possession of the plaintiff, which he claimed to hold as a bona fide holder for value, it having been deposited with him before maturity as collateral security for still another note of $500.</p> <p>Held, that the jury was properly instructed that the alleged representations of the plaintiff that he held the $1,000 note as collateral security, if false, was a fraud and barred recovery.</p> <p>Contract — Fraud—Misrepresentations.</p> <p>Misrepresentations of a fact material to the issue, which were relied on by defendant and which he had a right to rely on and which produced the contract defended against, constitute a fraud which is a good defense to sucli contract.</p>