Citizens' National Bank v. Marks

Citations

• 34 Pa. Super. 310
• 1907 Pa. Super. LEXIS 131

Syllabus

<p>Judgment — Opening judgment — Contradiction of evidence — Laches.</p> <p>A rule to open a judgment should be discharged where it appears that the petition for the rule is flatly contradicted by the answer, that the defendant’s testimony stands alone and uncorroborated, and is squarely contradicted by the only other person having knowledge of the facts, that the testimony of such person is corroborated by the plaintiff’s possession of the note, and that the judgment stood unquestioned for nearly ten months.</p> <p>Accord and satisfaction — Payment—Assignment of wages.</p> <p>An agreement under which a creditor forgoes one-half of his claim in consideration of the debtor paying the other half out of his wages to'be earned in future, is not an accord and satisfaction where it appears that the assignment of the wages from the debtor to the creditor was never presented to or accepted by the debtor’s employer, who continued to pay .the wages to the debtor after the execution of the paper as before.</p> <p>Corporation — Directors—Relinquishment of debt — Contract—Banks and banking — Principal and agent.</p> <p>When a debtor of a bank sets up an agreement that would extinguish one-half of the debt in consideration of a second promise to pay the other half, and alleges that such an agreement was made by a director of the bank, the debtor is bound to show the authority of the agent in order to bind the bank. The mere fact that the agent was one of the directors, does not in itself amount to proof of his authority to bind the bank by such an agreement.</p>