Michigan Ammonia Works v. Ellk

Citations

• 47 Pa. Super. 294
• 1911 Pa. Super. LEXIS 151

Syllabus

<p>Promissory notes — Defense—Judgment—Payment.</p> <p>Where a judgment is entered for want of an affidavit of defense in an action on a promissory note, such judgment should be opened even after the term at which it was entered may have expired, where the evidence tends to show that the defendant was an accommodation indorser for a corporation, that the note was given by the corporation for merchandise purchased, and that the plaintiff agreed to take back the merchandise and surrender the notes, and that it did in fact take back the merchandise, but refused to surrender the notes, brought suit on the same, and secured the judgment in question.</p>