Louchheim v. Maguire

Citations

• 186 Pa. 311
• 40 A. 475
• 1898 Pa. LEXIS 1001

Syllabus

<p>Promissory notes — Affidavit of defense — Suit by indorsee against maker.</p> <p>In an action by an indorsee against the makers of a promissory note, an affidavit of defense which would be good against the payee is sufficient, if it also avers that the defendants are informed, believe and expect to be able to prove that the plaintiff is not a bona fide purchaser of the note for value before maturity, and that he now holds the note for collection in the interest of the payees.</p> <p>In an action on a note given for work done and materials furnished, it appeared that the payees of the note under a written agreement guaranteed all work done and materials furnished by them for a period of five years, and agreed to repair the work and keep it in good order for said period. The defendants filed an affidavit of defense, averring that the work was not done in accordance with the contract, and specifying the location, nature and causes of defects in it. They further averred that the payees of the note had refused to make the repairs when notified, and that the defendants “ have been compelled to pay out, and will in the future be compelled to pay out, a large sum of money to repair the same and place in proper order and condition, a much larger sum of money than that for which this suit is brought,” and that they believe and expect to be able to prove that plaintiff is not a bona fide holder for value before maturity, but that he holds the same for collection for the payees. Held, that the affidavit of defense was sufficient to prevent judgment.</p>