Lackawanna Trust Co. v. Carlucci

Citations

• 264 Pa. 226
• 107 A. 693
• 1919 Pa. LEXIS 624

Syllabus

<p>Promissory notes — Negotiable instruments — Accommodation maker — Consideration—Contemporary parol promise — Affidavit of defense.</p> <p>1. In an action on a promissory note by a trust company, tbe bolder, against tbe maker, an affidavit of defense is sufficient, wbieb avers tbat defendant became maker of tbe note at tbe request and for tbe sole benefit of tbe plaintiff, and on reliance upon a contemporary parol promise by tbe plaintiff tbat tbe defendant would not be liable to it upon said note.</p> <p>2. In sueb a case the plaintiff is not a bolder of tbe note for value, and tbe defendant is a mere accommodation maker of it.</p> <p>Practice, G. P. — Affidavit of defense — Averments to be taken as true.</p> <p>3. Tbe averments of an affidavit of defense are to be taken as true, and tbe defendant is not required to set forth tbe manner in which they will be proved, nor tbe evidence by which they will be substantiated.</p>