Clothier v. Webster Foundry Sand Co.

Citations

• 21 Pa. Super. 386
• 1902 Pa. Super. LEXIS 365

Syllabus

<p>Promissory notes — Affidavit of defense — Accommodation note.</p> <p>In an action against the maker of a promissory note the affidavit of defense alleged as follows: “Deponent denies that the said plaintiff is a bona fide holder for value, without notice, of said note, as alleged in this statement in this cause, but declares that he, the said plaintiff, had full knowledge of the circumstances connected with the giving of said note, that it was wholly without consideration and for the accommodation of the indorser and said plaintiff.” The arrangement between the plaintiff and the indorser is then fully set forth, the affidavit then averring: “That this deponent, on behalf of the defendant, assented to said proposition and agreed to give said note and did so give it, with the full understanding and agreement that it was solely for the accommodation of the said plaintiff and the payee, and that they would protect and pay it at maturity and save the defendant harmless from loss in the transaction. That when the said note was about to mature, the said payee and plaintiff requested a new note in renewal of it and that said note in suit was then given in renewal of the former note, at their said request, but without any consideration therefor to the defendant or any change in the conditions of liability for payment of the debt which was solely that of the payee and plaintiff.” Held, that the affidavit of defense was sufficient to prevent judgment.</p>