Kennedy v. Atkinson

Citations

• 2 Monag. 602
• 1889 Pa. LEXIS 1363

Syllabus

<p>On a scire facias sur mortgage, the defendant offered evidence to prove that the amount due on the mortgage had been left with a building association, whose treasurer sent a check in payment to the mortgagee, which, by mistake of the mortgagee’s clerk, was at first placed to the individual account of the treasurer. The mortgagee, representing that the mortgage was not paid, assigned it to the plaintiff, who claimed that he was misled by the mortgagee, of which the defendant had knowledge, which operated as an estoppel; but plaintiff made no such request for instructions to the jury. The court submitted the question of payment to the jury. Held, not to be error.</p> <p>The supreme court will not consider an assignment of error which alleges error in the admission of an offer to prove the correction of a mistake in the credit of a payment by proof of the contents of a lost letter, the offer being objected to on the ground that a sufficient search for the letter had not' been made, the assignment of error reciting the offer, with the substance of the alleged contents of the letter, and the testimony as to search, but not the testimony as to the contents of the letter.</p>