Marquis v. McKay

Citations

• 216 Pa. 307
• 65 A. 678
• 1907 Pa. LEXIS 804

Syllabus

<p>Affidavit of defense — Promissory note — Practice, C. P.</p> <p>In an action upon a promissory note it was averred in the affidavit of defense that the note in suit was given and accepted as a guarantee for the payment of certain money loaned by plaintiff to a corporation in which both plaintiff and defendants were alike interested financially; -that the makers of the note were to be called on to pay only in the event that the corporation was unable, and then only such amount as was not recoverable from the corporation; that the corporation had assets more than sufficient to answer its liability; and that the plaintiff himself was debtor to the corporation in an amount exceeding the amount of the note in suit. Held, that the affidavit of defense was sufficient to prevent judgment inasmuch as the true result in the case could only be reached by a broad and full inquiry into the facts averred.</p>