Chambers v. McLean
Superior Court of Pennsylvania
Appeal, No. 233, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1903, No. 4112, discharging rule for judgment for want of a sufficient affidavit of defense in ease of Martha B. Chambers v. Calvin B. McLean, administrator of Samuel Daggy, Deceased, and I. W. Huckins. Assumpsit by a payee against the two makers of a promissory note.
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Appeal, No. 233, Oct. T., 1903, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1903, No. 4112, discharging rule for judgment for want of a sufficient affidavit of defense in ease of Martha B. Chambers v. Calvin B. McLean, administrator of Samuel Daggy, Deceased, and I. W. Huckins. Assumpsit by a payee against the two makers of a promissory note. The defendant, I. W. Huckins, filed an affidavit of defense in which he averred as follows : “ That he signed the promissory note upon which suit is brought at the request of the plaintiff, Martha B. Chambers, and for her…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellee and Samuel Daggy gave their promissory note to the plaintiff. The note is regular in form and recites a valuable consideration, and both of the signers appear as makers. There is therefore a clear prima facie liability. The appellee seeks to Avoid payment on the allegation that he was an accommodation maker; that he signed the note at the request of the plaintiff and for her accommodation, and that no consideration was paid him by her for such signing. It is not alleged that no consideration passed from the plaintiff to either of the makers, or that the…
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