Cridland v. Stevens

Citations

• 9 Pa. Super. 41
• 1898 Pa. Super. LEXIS 112

Syllabus

<p>Absolute or conditional payment — Acceptance of note of third party— Question for jury — Burden of proof.</p> <p>The mere acceptance by a creditor from his debtor of the note of a third person for a pre-existing debt is presumptively a conditional payment but the parties may bind themselves by an agreement that such acceptance shall be considered as absolute payment at face value, but the burden of proving such an agreement rests with the party asserting it; when there is evidence which if believed tends to establish such agreement the question is for the jury.</p> <p>Charge of court — Failure to request special instructions.</p> <p>When the court concisely presents to the jury .the exact question which they are called on to decide a party cannot complain of the charge as inadequate when he fails to request special directions.</p>