Harmony Creamery Co. v. Bickerton

Citations

• 57 Pa. Super. 651
• 1914 Pa. Super. LEXIS 252

Syllabus

<p>Promissory notes — Consideration—Forbearance.</p> <p>1. Where a person gives promissory notes as security for a judgment against a corporation, and it appears that at the time the notes were given the attorney for the judgment creditor stated that he was instructed to i^sue execution, and that unless the claim was secured it was his duty so to do, the maker of the notes cannot claim that there was no agreement for forbearance merely because the attorney did not expressly declare that he would not issue execution on the judgment. Forbearance in such a case is sufficient consideration.</p> <p>Promissory notes — Payment—Application of payments.</p> <p>2. In an action on the first of a series of promissory notes executed by two defendants, it appeared that the first defendant after suit was brought made a payment more than sufficient to cover the note in suit. He made no direction as to the application of this money, and it was received as a general payment on account of the debt. Held, that the second defendant had no standing to demand that the payment should have been applied to the note in suit and thus delay recovery against him until the other notes became due.</p> <p>3. The fact that the plaintiff brought suit before the payment was made and persisted in a demand for payment by pressing the suit, is sufficient evidence of an election not to apply the amount paid to the amount in suit.</p>