Hitchner Wall Paper & Paint Co. v. Shoemaker

Citations

• 75 Pa. Super. 520
• 1921 Pa. Super. LEXIS 52

Syllabus

<p>Negotiable instruments — Notes given for merchandise — Failure of consideration — Renewal notes — Defenses.</p> <p>One who gives a note in renewal of another note, with knowledge at the time of a partial failure of the consideration of the original note, or of false representations by the payee, waives such defense and cannot set it up to defeat or reduce a recovery on the renewal note.</p> <p>In a suit on certain promissory notes, given as renewals for notes given for lumber furnished by the plaintiff to the defendant, a defense of failure of consideration, because of defects in the quality of the lumber, cannot be raised, where it appears that the defendant discovered the quality of the lumber before the original notes had matured, and subsequently delivered the renewal notes.</p> <p>Corporations — Foreign corporations — Doing business in Pennsylvania — Registration.</p> <p>A corporation which maintains an office in Camden, N. J., fills all orders from its Camden plant, and delivers goods therefrom into Pennsylvania by a motor truck, is not doing business in Pennsylvania, even if it does solicit orders in that state, and is listed in the Philadelphia telephone directory.</p>