279 Pa. 118 | Pa. | 1924
Opinion by
This action is by an endorsee against the maker of a promissory note. At the trial, plaintiff proved execution and nonpayment of the obligation and rested. Defendant offered to prove the note was obtained from him by fraud and duress on part of payee; that it was necessary to give the note to procure payee’s release of a building from lien for work done and materials furnished ; that payee had presented a bill for extras over and above the contract price, which was questioned, and defendant made the note for the full amount of the disputed balance “on the understanding” payee would “adjust these items by conference to be had later”; that defendant afterwards sought to have such conference but payee “refused to meet up with him or in any way to give credit upon said note”; and further it was understood, pending such adjustment, “only partial payments by the month” should be made on the indebtedness. This offer was objected to and the evidence excluded for the reason defendant did not propose to show plaintiff had notice of the facts stated in the offer. The jury found for plaintiff and a motion for judgment non obstante veredicto and for a new trial were subsequently overruled and judgment entered on the verdict. Defendant appealed.
Section 59 of the Negotiable Instrument Act of May 16, 1901, P. L. 194, provides that where it is shown the title of any person who has negotiated the instrument is defective, the burden is on the holder to prove he, or some one under whom he claims, was a holder in due course without notice of such defect. The provisions of section 55 of the same act are as follows: “The title of a person who negotiates an instrument is defective,
The judgment is affirmed.