Supplee ex rel. Born v. Halfmann

Citations

• 161 Pa. 33
• 28 A. 941
• 1894 Pa. LEXIS 626

Syllabus

<p>Promissory note — 8ci. fa. to revive — Fraud—Affidavit of defence.</p> <p>On a scire facias to revive a judgment, an affidavit of defence is insufficient which avers that the promissory note upon which judgment had been obtained had been given to the use plaintiff, for a particular purpose, nearly twenty years before the scire facias issued. That the use plaintiff had fraudulently negotiated the note, and diverted it from the purpose for which it was intended, and that the legal plaintiffs, against whom defendant could not setup the fraudulent use of the note as a defence, had, a few months prior to the issuance of the scire facias, marked the judgment to the use of the original payee who had defrauded defendant.</p>