Real Estate Investment Co. v. Russel
Supreme Court of Pennsylvania
Appeal, No. 367, Jan. T., 1891, by defendant, William Russel, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1890, No. 719, on rule for judgment for want of s ufficient affidavit of defence. Assumpsit on promissory note. The plaintiff’s statement set forth a note of the firm of Smith & Russel, to the order of William B. Smith and indorsed by the payee.
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Appeal, No. 367, Jan. T., 1891, by defendant, William Russel, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1890, No. 719, on rule for judgment for want of s ufficient affidavit of defence. Assumpsit on promissory note. The plaintiff’s statement set forth a note of the firm of Smith & Russel, to the order of William B. Smith and indorsed by the payee. William Russel, one of the defendants, filed the following affidavit of defence: “ William Russel, one of the above-named defendants, being duly sworn according to law, doth depose and say that he has a just and true defence to the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
The real question in this case has been overlooked. We do not think the facts set forth in the affidavit constitute a valid defence against a bona fide holder. There is sufficient in the affidavit, however, to call upon the plaintiff to show that it is such holder. The general rule in regard to commercial paper undoubtedly is, that the plaintiff is presumed to be a bona fide holder, and that the burden is upon the defendant, or maker of *499the note, to show that he is not. This is the settled rule. It is equally well settled, however, that, when the defendant…
2Cases cited3 opinions
- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Knight v. PughSupreme Court of Pennsylvania · 1842
- Hutchinson v. Boggs & KirkSupreme Court of Pennsylvania · 1857
3Cited by7 opinions
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- Howie v. LewisSuperior Court of Pennsylvania · 1900
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- Loeb v. MellingerSuperior Court of Pennsylvania · 1900
- Eliel v. ChamberlainSuperior Court of Pennsylvania · 1912
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