City Trust & Savings Bank v. Schwartz

Citations

• 56 Pa. Super. 645
• 1914 Pa. Super. LEXIS 138

Syllabus

<p>Banks and banking — Checks—Affidavit of defense — Consideration— Fraud.</p> <p>1. In an action by a bank, the indorsee of a check, against the maker of the check, where the statement avers that the check was indorsed by the payee and presented by him for payment and paid to him, an affidavit of defense is insufficient which avers that the check was not indorsed by the payee but by another person, but does not deny that the check was presented by the payee and paid to him.</p> <p>2. In such a case the affidavit of defense is also insufficient wherein it avers that the check was obtained by the payee by false representations as to his financial condition, and that the plaintiff was familiar with the payee’s financial condition, if it fails to show the consideration for the check, or that it represented a loan, and not a payment of a debt.</p> <p>3. The giving of a check does not raise the presumption of a debt owing by tbe payee to the drawer, or of a loan by the latter to the former; the presumption is that it was given in payment of a debt or for money received at the time.</p>