Second National Bank v. Morgan
Supreme Court of Pennsylvania
Appeal, No. 236, Oct. T., 1894, by plaintiff, from order of C. P. Clarion Co., April T., 1894, No. 146, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence in assumpsit on promissory note.
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Appeal, No. 236, Oct. T., 1894, by plaintiff, from order of C. P. Clarion Co., April T., 1894, No. 146, discharging rule for judgment for want of sufficient affidavit of defence. Rule for judgment for want of a sufficient affidavit of defence in assumpsit on promissory note. Before Clark, P. J. The affidavit of defence averred: “ 1. That the consideration of the note in suit has wholly failed, aud that said note was obtained from the defendants by means of false and fraudulent representations and pretences, to wit, by means of falsely and fraudulently representing and pretending to said…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
The affidavit of defence in this case makes three averments. First, that the consideration of the note in suit has failed and that the note was obtained by the payees from the makers by means of false and fraudulent representations respecting a certain Perdieron stallion. As these facts are not alleged to have been known to the plaintiff batik, and as the note is negotiable and the bank acquired it for value and before maturity, this defence is of no avail against the plaintiff.
Second, That the defendants expect to be able to prove that the plaintiff was not a…
2Cases cited8 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Driesbach v. National BankSupreme Court of the United States · 1881
- Stephens v. Monongahela BankSupreme Court of the United States · 1884
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- Phelan v. MossSupreme Court of Pennsylvania · 1871
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