Levitt v. Johnstown Office Supply Co.

Opinion by

Kelleb, J.,

This is an action by the indorsee holder of a trade acceptance against the acceptor. It is a negotiable instrument, and hence, in the absence of proof, either appearing in his own case or presented by the defendant, that the title of the payee who negotiated the instrument to him was defective, the plaintiff is to be deemed prima facie a holder in due course: Sec. 59 of the Negotiable Instruments Law of 1901, P. L. 194; Putnam v. Ensign Oil Co., 272 Pa. 301. What is meant by “defective title” within the meaning of this section is set forth in section 55.

The plaintiff,…