Kohn v. Manning

Citations

• 52 Pa. Super. 102
• 1912 Pa. Super. LEXIS 138

Syllabus

<p>Promissory notes—Affidavit of defense—Warehouse certificates— Rescission.</p> <p>In an action by the indorsee against the maker of a promissory note given for whisky sold to the maker and for which warehouse certificates were given to the defendant, an affidavit of defense setting up a breach by the payee of a collateral agreement, is insufficient if it does not show that the warehouses certificates were returned or tendered back, or set forth facts which amounted to a rescission of the contract, or facts which would support a claim for damages.</p>