Helfrich v. Snyder

Citations

• 269 Pa. 527
• 112 A. 749
• 1921 Pa. LEXIS 600

Syllabus

<p>Promissory notes — Affidavit af defense — Averments of statement not denied — Practice, C. P. — Act of May lit, 1915, P. L. ¡¡SS.</p> <p>1. In an action on a promissory note, all of the averments of the statement not specifically denied in the affidavit of defense must be taken as admitted, under the Act of May 14,1915, P. L. 483.</p> <p>Promissory notes — Demand—Waiver—Act of May 16, 1901, P. L. 20If.</p> <p>2. A demand for payment of a promissory note on the day the note fell due, is not necessary to hold an endorser, where such demand would have been an idle and useless ceremony, and if enforced would have defeated the very purpose the parties sought to accomplish in delivering the obligation.</p> <p>3. Such a demand is not necessary where the note by its tenor became due the day following its date, and it appears that at such time all of the persons who were to endorse it had not done so, that the purpose of the note was to take the place of other obligations, and that the note itself provided for semiannual payments of interest.</p>