First National Bank v. McBride

Citations

• 230 Pa. 261
• 79 A. 547
• 1911 Pa. LEXIS 599

Syllabus

<p>Promissory notes — Accommodation Indorser — Notice of dishonor— Practice, C. P. — Affidavit of Defense.</p> <p>In an action on a note against an accommodation indorser where the statement simply avers that the note was not paid at maturity, due presentation and demand having been made, and that the defendant had due and timely notice of said nonpayment, and the notary’s certificate attached to the statement merely certifies that the notary exhibited the note where payable, at the proper time, and demanded payment which was refused, “the answer being no funds, whereof I duly notified the endorser,” an affidavit of defense is sufficient which contains a specific denial of oral service, an equally explicit denial that notice, of dishonor was sent in accordance with the requirements of law and a positive averment that no notice was ever received.</p>