Burford ex rel. of Hazlett v. Fergus

Citations

• 165 Pa. 310
• 30 A. 844
• 1895 Pa. LEXIS 1002

Syllabus

<p>Promissory note under seal—Set-off—Assignment—Notice—Evidence— Burden of proof.</p> <p>Where the maker of a promissory note under seal has notice that the payee has assigned the note to another person, he cannot pur'chase a note of the payee to be used as a set-off against his own note.</p> <p>In such a case where the assignee of the payee is plaintiff, and the maker sets up a note of the payee as a set-off, the burden of proof is on the plaintiff' to show that the defendant had notice of the assignment before he purchased the payee’s note.</p>