Second National Bank v. Yeager

Citations

• 268 Pa. 167
• 111 A. 159
• 1920 Pa. LEXIS 645

Syllabus

<p>Promissory notes — Affidavit of defense — Indefiniteness — Payment out of certain funds — Contemporaneous parol agreement— Evidence.</p> <p>1. In an action on a promissory note, defense may be made by averring a contemporaneous parol agreement providing for payment of the note from a certain fund, or the raising of such fund for payment by means over which the promisor had control.</p> <p>2. An affidavit of defense setting up such agreement is insufficient which does not aver that any such fund existed, or that any of the parties had control of the means whereby the fund might be raised.</p> <p>3. Such a case is not a modification by parol. The agreement does more than vary the written instrument, it destroys it.</p> <p>4. An averment that defendant was not to be liable in any event except for one-fourth of the deficiency in the fund, is indefinite in substance, and cannot be considered.</p>