Marron v. Stieren

Citations

• 252 Pa. 185
• 97 A. 181
• 1916 Pa. LEXIS 591

Syllabus

<p>Affidavit of defense — Insufficient averments — Evasive denials— Contracts.</p> <p>1. In an action by a maker of a note against one of the three other joint makers thereof, who had agreed that in the event of the plaintiff having to pay the face of the note and the other two makers not being of ability to contribute thereto, the defendant would be responsible for one-half of the note, an affidavit of defense is evasive and insufficient which merely denies that the other two makers were not of ability to contribute and fails to set up any affirmative defense.</p> <p>2. In such ease where the alleged forgiveness of such debt was without consideration it is not binding.</p>