McKinley v. Wainstein

Citations

• 74 Pa. Super. 482
• 1920 Pa. Super. LEXIS 179

Syllabus

<p>Negotiable instruments — Checks—Bolder in due course — Burden of proof — Evidence—Admissibility.</p> <p>In an action by an endorsee of a check, where the defendant shows that the check was procured by the fraudulent act of the payee and avers that the plaintiff became the holder of the check charged with knowledge of the fraud, the burden is upon the plaintiff to show affirmatively that he is an innocent purchaser for value.</p> <p>An offer of the defendant to prove the circumstances under which the check was passed, and that it subsequently was given to the plaintiff with knowledge of its defects is admissible, and failure to allow the same, constitutes reversible error.</p>