Umstad v. McNamara

Citations

• 59 Pa. Super. 598
• 1915 Pa. Super. LEXIS 124

Syllabus

<p>Promissory notes — Accommodation malcer — Guarantor—Affidavit of defense.</p> <p>1. In an action on a promissory note against the two makers, an affidavit of defense by one of the defendants is insufficient, which avers that he signed the note for the accommodation of the other maker, and that he signed as a guarantor. If he signed as an accommodation maker, he was liable as a principal; if he signed as a guarantor, he should set forth the facts to establish the guaranty.</p> <p>2. One who wishes to prevent judgment in a suit upon a note, must present a defense which is unambiguous, and which clearly sets forth a state of facts which upon equitable principles entitles him to relief.</p>