Chatham & Phenix Nat. Bank v. Tull

Citations

• 269 Pa. 400
• 112 A. 744
• 1921 Pa. LEXIS 575

Syllabus

<p>Promissory notes — Renewal notes — Parol agreement — Evidence —Affidavit of defense.</p> <p>In an action on a promissory note, which was the last of a series of renewed notes, an affidavit of defense is insufficient which sets up a parol agreement at variance with the terms of the note in suit made at the time of the giving of the original note, and avers that defendant gave the note in suit expressly stating that he did not waive any rights which he had under the parol agreement, without averring whether the note was given before or after such statement, and without averring that such statement was assented to.</p>