Meyer v. Shickler

Citations

• 47 Pa. Super. 282
• 1911 Pa. Super. LEXIS 148

Syllabus

<p>Promissory notes — Collateral agreement — Evidence—Burden of proof— Notice.</p> <p>In an action upon a promissory note by an indorsee against the maker, where the affidavit of defense sets up an agreement collateral with the note which had not been complied with, and of which the plaintiff had notice, and the plaintiff in his case in chief denies that he had any such notice, and the defendant calls the payee of the note who corroborates the plaintiff, the court commits no error in refusing to permit the defendant to testify as to the collateral agreement if he does not offer to show notice to the plaintiff, and also commits no error in giving binding instructions for plaintiff.</p>