Skip to main content
· 2/26/1909

Johnson County Savings Bank v. Koch

Citations

  • 38 Pa. Super. 553
  • 1909 Pa. Super. LEXIS 184

Syllabus

<p>Bills of exchange — Negotiable paper — Fraud—Prima facie case — Burden of proof — Evidence—Transactions between other parties.</p> <p>1. In a suit against an acceptor of bills of exchange, where the evidence shows that the acceptor signed his name on the notes knowing that they were some sort of an obligation for payment, and there is no evidence of fraud so as to impeach the title of an innocent holder for value before maturity, the offering of the bills with indorsements makes out a prima facie case, entitling the holder to a recovery.</p> <p>2. Nothing but clear evidence of knowledge or notice, fraud or mala fides, can impeach the prima facie title of a holder of negotiable paper taken before maturity. It is of the utmost importance to the commerce of the country that it should be sternly adhered to, however hard may be its operation in particular cases.</p> <p>3. In an action upon negotiable paper where the maker alleges improper methods resorted to by the payee in securing the paper, it is proper to exclude evidence tending to show similar, but independent transactions between the payee and other parties.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.