Danner v. Hess

Citations

• 19 Pa. Super. 182
• 1902 Pa. Super. LEXIS 57

Syllabus

<p>Promissory notes — Consideration—Want of consideration — Defense.</p> <p>Bills of exchange and promissory notes differ from other simple contracts, in this, that, in an action on a bill or note a consideration is to be presumed, until the contrary appears by evidence. The defendant may give proof of want of consideration, of failure of consideration or that the consideration was illegal and the only difference between a note or bill, and any other contract, as between the immediate parties, is that the burden of proof respecting consideration is in a certain sense shifted.</p> <p>In an action by the payee of a promissory note against the maker, the defendant may show that he had arranged to borrow the amount of the note from another person now deceased, and that the plaintiff was to be the surety on the note; that he received the money from the deceased, but that the note, without defendant’s knowledge, was made payable to the plaintiff; that the defendant never received any consideration from the plaintiff for the note; that the administrator of the deceased had recovered a judgment against the defendant for the debt represented by the note; and that the plaintiff was present at the trial at which the judgment was recovered.</p>