Erie Boot & Shoe Co. v. Eichenlaub

Citations

• 127 Pa. 164
• 17 A. 889
• 1889 Pa. LEXIS 1096

Syllabus

<p>(a) In an action by an accommodation indorser against the maker, to recover the amount paid by plaintiff to lift a note from bank, an affidavit of defence averred that the note was made fraudulently, was without consideration, and that the plaintiff had knowledge of these facts when his indorsement was made.</p> <p>1. In such case, the plaintiff was not entitled to summary judgment under the procedure act of May 25, 1887, P. L. 271, because (1) his statement of claim did not aver that the bank was a bona fide holder of the note for value, and (2), even with such an averment, the protection afforded would not extend to a party to the original fraud.</p>