Briggs & Drum v. N. Holmes & Sons

Citations

• 118 Pa. 283
• 12 A. 355
• 1888 Pa. LEXIS 391

Syllabus

<p>Though, in the absence of any agreement, express or implied, the giving of the check of a third person is presumptively a conditional payment, only, of the debt for which it is received, yet, where there is evidence of a course of dealing in which checks of the kind given were uniformly accepted as cash, such evidence tending to rebut the presumption, raises a question of fact which should be submitted to the jury: Canonsburgh Iron Co. v. Union N. Bank, 18 P. L. J. 98, distinguished.</p>