Home B. & L. Ass'n v. Kilpatrick

Citations

• 140 Pa. 405
• 21 A. 397
• 1891 Pa. LEXIS 854

Syllabus

<p>1. Where the owner of mortgaged property caused a third person to give his check in settlement of the mortgage, and, the mortgagee failing to present it for payment with due diligence, the check so given became worthless, the drawer having withdrawn the deposit and become insolvent, the mortgage debt was discharged: Kilpatrick v. B. & L. Ass’n, 119 Pa. 30.</p> <p>2. The evidence as to the authority of the solicitor of a building and loan association to receive a check in satisfaction of the association’s claim against one of two properties covered by a mortgage to it, being partly written and partly parol, it was proper to submit the question of authority to the jury, as one of fact.</p> <p>3. When matters of fact, depending on oral testimony, are connected witli and necessary to a proper understanding of written evidence, the court is not bound to construe the latter as though it stood alone; an admixture of oral and written evidence draws the whole to the jury: Denison v. Wertz, 7 S. & R. 372; Sidwell v. Evans, 1 P. & W. 383; McGee v. Northumberland Bk., 5 W. 32.</p>