Morrison v. Whitfield

Citations

• 46 Pa. Super. 103
• 1911 Pa. Super. LEXIS 237

Syllabus

<p>Promissory notes — Consideration—Antecedent dffibts — Act of May 16, 1901, P. L. 194, sec- —Affidavit of defense.</p> <p>1. An indorsee who takes a promissory note for an antecedent debt, is a holder for value.</p> <p>2. In an action on a promissory note, an affidavit of defense is insufficient to prevent judgment, which avers that the plaintiff, an indorsee, was fully aware of the fact that the defendant did not receive a consideration for the note in suit, without any declaration as to the facts upon which his conclusion rested, or as to any information from another person of such facts.</p> <p>3. Where in a suit by an indorsee on a promissory note the affidavit of defense avers that the note was given as part consideration for a bowling alley purchased by the defendant from the payee and that the payee “sold defendant something which he did not own and defendant was obliged to surrender it to the proper and lawful owner,” the court will enter judgment for want of a sufficient affidavit of defense, in the absence of any averment as to the facts on which the defendant’s conclusion rested, and as to the circumstances relating to the surrender of the property.</p>