Smith v. Wachob

Citations

• 179 Pa. 260
• 36 A. 221
• 1897 Pa. LEXIS 628

Syllabus

<p>Judgment — Opening judgment — Trial — After-discovered evidence — Practice, O. P.</p> <p>A judgment by confession having been opened, three trials were had to determine its validity. After the third trial, and after a rule for a new trial had been discharged, but before judgment a second application to open the judgment was made on the ground that the original note was an accommodation note, and that there had been no consideration for it. This new ground of defense was known to the defendant at the time of the second trial, but no effort was made to take advantage of it then, or at the third trial which took place six months later. Held (1) that the application being to open a judgment which was opened, was irregular and improper ; but if it had been regular the relief could not have been granted; (2) that- the ground of the application was not a new defense based on after-discovered evidence, and it was not a ground of defense at all.</p> <p>Promissory note — Accommodation note — Want of consideration — Antecedent debt.</p> <p>Want of consideration is not a defense in an action on an accommodation note in the hands of a third party who has taken it as collateral security for an antecedent debt.</p>