Forcite Powder Co. v. Howley

Citations

• 40 Pa. Super. 412
• 1909 Pa. Super. LEXIS 632

Syllabus

<p>Promissory notes — Evidence—Parol evidence — Payment out of particular fund.</p> <p>In an action upon a promissory note, the defendant may show by parol evidence that it was the distinct understanding of the parties at the time the note was executed, that it should be payable only out of a particular fund, and that this fund had not come into existence. Where the defendant testifies to such an understanding, and he is corroborated by a second witness, and the evidence is clear, precise and indubitable, he is entitled to have his defense submitted to the jury, and he is not deprived of such right by an expression in one of his own letters offered in evidence, contradictory of his parol testimony.</p>