2 Foster 101
Pennsylvania Court of Common Pleas, Schuylkill County
Decided March 9, 1874
Pennsylvania Court of Common Pleas, Schuylkill County · decided 1874-03-09
Suit was brought by Stidfole against Cake as endorser of a note, and an affidavit of defense was filed, as follows : “Henry L. Cake, the defendant • above named, having been sworn according to law, doth depose and say, that he has legal defence to the whole of plaintiff’s claim in above suit, the nature and character of which isas follows, to wit: That deponent wasan endorser on said note upon which this suit is founded; that when the same became due and payable this…
Decided 1874-03-09
¶1March 9th, 1874.
¶2The affidavit of defense does not deny actual notice. Indeed this is impliedly admitted, the qualification-being that the defendant is informed that the protest and certificate were not actually made by the notary himself. This information is not averred to. be.believed by him, and might have been given by one who himself had no sufficient information.All that is stated might be true, and yet the defendant might have actual notice of the protest.
¶3Judgment affirmed.