A. P. Landis, Inc. v. Mellinger

Opinion by

Baldrige, J.,

This is an action of assumpsit to recover on a check given by the defendant to Walter P. Wenger, endorsed by him, and delivered to plaintiff. The check was duly deposited in the bank, but was not honored as defendant, by notice, stopped payment thereof. An affidavit of defense and the new matter averred set forth that plaintiff was not a holder in due course because the check was obtained from defendant by fraud with knowledge of the plaintiff. The allegations upon which appellant relies are, in substance, that an agent of the appellant and Wenger were involved in an…