Gere v. Unger

Citations

• 125 Pa. 644
• 17 A. 511
• 1889 Pa. LEXIS 765

Syllabus

<p>(a) A statement of claim filed under tlie procedure act of May 25, 1887, P. L. 271, averred that the payee of a note sued upon, “by delivery transferred the same to the plaintiffs,” without an averment of the date of transfer, or of value, or consideration passing from the plaintiffs to the payee.</p> <p>(b) The affidavit of defence set up fraud in the procurement of the note, giving the particulars thereof, and averred upon information and belief that the note was passed to the plaintiffs by the active agent in the fraud, “ in payment and satisfaction of an old debt.”</p> <p>1. The procedure act requiring, not only a copy of the writing sued upon, but a statement of his case, to be filed by the plaintiff, the statement filed in this cause did not show that plaintiffs were bona fide holders for value before maturity with sufficient certainty to entitle them to summary judgment.</p>