Lamb v. Burke

Citations

• 132 Pa. 413
• 20 A. 685
• 1890 Pa. LEXIS 832

Syllabus

<p>1. In an action by an indorsee to recover from the maker of a negotiable note, the plaintiff cannot be required to show in his case in chief that he is a bona fide purchaser of the note for value before maturity, nor until there is evidence that it was obtained or put into circulation by a fraud upon the maker.</p> <p>2. Testimony on the part of the maker that at the time the note was delivered to the payee, the latter received the maker’s check for the same amount under a promise to repay to the maker the amount of the check as soon as the note was discounted, and that he failed therein, is insufficient to establish such fraud.</p>