Eliel v. Chamberlain

Citations

• 48 Pa. Super. 610
• 1912 Pa. Super. LEXIS 421

Syllabus

<p>Promissory notes — Fraud—Proof of consideration — Indorsee.</p> <p>1. In an action by an indorsee of a promissory note against the maker where the plaintiff avers in his statement .of claim that the note was delivered to him for value before maturity without notice of any 'question existing between any of the parties to the note, an affidavit of defense is sufficient which denies such averment and sets up that the note was procured from the maker by the payee through false and fraudulent representations all fully and particularly set out in the affidavit.</p> <p>Practice, C. P. — Affidavit of defense — Information and belief.</p> <p>2. When the facts forming part of a defendant’s case are averred upon information and belief, the defendant must add to such an averment that he expects to prove them, or, in the alternative, set out specifically the sources of his information, or the facts upon which his belief rests.</p> <p>3. In an action upon a promissory note an affidavit of defense sufficiently avers the defendant’s own information and belief, when it says: the defendant, stating his name, “being duly sworn says upon information and belief,” etc.</p>