Butler v. Keller

Citations

• 19 Pa. Super. 472
• 1902 Pa. Super. LEXIS 132

Syllabus

<p>Evidence — Promissory note — Parol evidence to vary note.</p> <p>In an action on a promissory note by the executor of the payee of the note, the maker cannot in the absence of any fraud, accident or mistake in the making of the note, set up as a defense in an affidavit of defense, an alleged parol agreement that the note was to be canceled and destroyed in the event of the payee dying before the maker, and that this agreement was the inducement for the signing of the note.</p> <p>In an action by an executor on a promissory note, an averment to the effect that letters were improperly granted to the plaintiff, in an affidavit of defense, is insufficient to prevent judgment.</p>