Hotchkiss v. Roehm

Citations

• 181 Pa. 65
• 37 A. 119
• 1897 Pa. LEXIS 506

Syllabus

<p>Promissory notes — Findings of fact by referee — Review.</p> <p>A referee’s findings on sufficient evidence, even when contradicted, that an indorsee of a promissory note had no knowledge of a failure of consideration between the original parties, when confirmed by the court below, will not be reversed except for clear error.</p> <p>Promissory notes — Contract—Rescission—Principal and agent.</p> <p>Where a person gives his promissory notes to an agent for the purpose of raising money on them, and the agent sells the notes partly for cash and partly for other notes, which the principal accepts, the principal cannot, after the first one of the notes which he received matures and is protested, rescind the sale on the ground that he did not authorize his agent to take notes.</p> <p>Promissory notes — Set-off.</p> <p>In an action upon promissory notes, other notes indorsed by the plaintiffs and held by defendant, which did not mature until after the suit was brought, cannot be set off against the notes in suit.</p>