Salus v. Fogel

Opinion by

Mr. Justice Walling,

On June 11, 1926, Frank Fogel, the defendant, executed and delivered to one Maurice L. Lewis a promissory note for $4,500, payable forty-five days after date. January 6, 1927, tlie plaintiffs, Joseph W. Salus et al., brought this action of assumpsit thereon upon the averment that they were bona fide holders thereof for value and before maturity. The affidavit of defense set up, inter alia, failure of consideration and a denial that plaintiffs were bona fide holders of the note for value before maturity. Plaintiffs had the case listed for trial and it was reached…