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

Citations

• 119 Pa. 30
• 12 A. 754
• 1888 Pa. LEXIS 521

Syllabus

<p>1. Though, in the absence of an agreement to the contrary, the acceptance on a debt of the check or note either of the debtor or of a third person is but a conditional payment, yet such acceptance implies an undertaking of due diligence in presenting for payment, etc., and, in case of loss from want of such diligence, it will be held to operate as payment.</p> <p>2. A mortgage debtor to a building and loan association caused the check of his agent for which he had supplied the funds to be passed, under the direction of the association’s secretary, to its solicitor, as on account of the debt, which check became worthless by reason of the delay of the solicitor in presenting it for payment: Held, that as between the debtor and the association the latter should bear the loss thus occasioned.</p>