Miller v. Fry

Citations

• 57 Pa. Super. 473
• 1914 Pa. Super. LEXIS 221

Syllabus

<p>Promissory notes — Contemporaneous agreement — Parol evidence— Evidence — Fraud.</p> <p>1. Where a person is' induced by a contemporaneous parol promise to sign a promissory note which he would not have signed, except for the promise, a subsequent breach of the promise is a fraud upon his rights, and he may set up the breach as a defense to the note, and prove the promise by parol evidence.</p> <p>2. In an action upon such a note where the defendant sets up in his affidavit of defense the promise and the breach thereof, and avers that he expects to prove the facts averred, the presumption is that he will do so by proper proof at the trial. He is not required in his affidavit of defense to set forth the manner in which the facts therein alleged will be proved, nor the evidence by which they will be substantiated.</p>