Dewees v. Middle States Coal & Iron Co.

Citations

• 248 Pa. 202
• 93 A. 958
• 1915 Pa. LEXIS 545

Syllabus

<p>Negotiable, instruments — Promissory notes — Presentation—Affidavit of defense — Insufficient averments — Act of May 16, 1901, p. L. m.</p> <p>1. When in an action on a promissory note the statement of claim alleges that the note was duly presented for payment to the then president of the defendant corporation, an affidavit of defense by defendant’s treasurer averring merely on information and belief that no presentation was made, is insufficient, especially where the defendant was the party primarily liable.</p> <p>2. Failure to present a promissory note does not discharge the obligation when the person sought to be charged is primarily liable. Where it is set up that the maker of the note was able and willing to pay at the place fixed for payment at maturity, such ability and willingness under Sec. 70 of the Act of May 16, 1901, P. L. 194, is equivalent to a tender of payment and would only discharge the interest thereafter accruing.</p>