Peoples Pittsburgh Trust Co. v. Barth

Opinion by

Arnold, J.,

The question involved in this action of assumpsit is whether the maker of a promissory note under seal may assert absence of consideration as a defense, and that he was merely an accommodation maker for the payee.

At least after the decision in Conrad’s Estate, 333 Pa. 561, 3 A. 2d 697, there can be no question that in Pennsylvania the defense of want of consideration is not available in an action on a sealed instrument. Contra, as to a failure of consideration. Not only is it unnecessary to prove consideration, but in the absence of fraud the promise is enforcible without…