Hatboro National Bank v. Stevenson

Citations

• 33 Pa. Super. 144
• 1907 Pa. Super. LEXIS 259

Syllabus

<p>Promissory note — Defenses—Affidavit of defense — Set-off.</p> <p>In an action by the last indorser on a promissory note against the maker of the note, which was payable to the maker’s order, an affidavit of defense is sufficient which alleges that the defendant indorsed the note, and delivered it to the second indorsee, that the plaintiff was not the owner of the note, but that the suit was brought by the plaintiff for the use and benefit of the second indorsee, and for the purpose of depriving the defendant of his just defense thereto, and preventing him from setting off against the payment of the note an amount claimed to be due from the second indorsee to the defendant.</p> <p>The Superior Court will not reverse an order of the lower court discharging a rule for judgment for want of a sufficient affidavit of defense, where the affidavit of defense sets forth a complicated state of facts, supporting a claim of set-off, and the facts alleged constitute a defense according to the reasonable and common understanding of the language.</p>