Donner v. Clark

Citations

• 253 Pa. 514
• 98 A. 691
• 1916 Pa. LEXIS 880

Syllabus

<p>Negotiable instruments — Promissory notes — Defenses—Affidavit of defense — Sufficiency.</p> <p>In an action by tbe endorsee of a promissory note against the maker, an affidavit of defense is sufficient where it admits the execution and delivery of the note, but alleges that prior thereto, the plaintiff, the payee of the note, and the defendant agreed that the note should be given by defendant to the payee, a lumber company, as advance payment for lumber to be sold and delivered to defendant and that the note should thereupon be endorsed by the lumber company to plaintiff, to whom it was largely indebted, and who held a mortgage on the entire plant of the lumber company; that plaintiff agreed he would not interfere with the shipments of lumber to the defendant, but that in violation of his agreement he caused foreclosure proceedings to be brought on the mortgage against the lumber company, thereby preventing the lumber company from fulfilling its contract to deliver to defendant the lumber for which he had given the note.</p>