Maloney v. Bartlett

Citations

• 172 Pa. 284
• 33 A. 553
• 1896 Pa. LEXIS 772

Syllabus

<p>Bes judicata — Accounts—Payments.</p> <p>In an action to recover a balance due upon mercantile transactions extending over a period of four years, it appeared that during this time three notes had been given by defendant to plaintiffs to apply on the account generally, not to cover specific items of charge, or to include the whole amount then due. The first two notes were paid. Payment of the third, which was a judgment note for two hundred and fifty dollars, was refused on the ground of want of consideration. On a feigned issue to determine the validity of the judgment entered upon this note, there was a verdict for plaintiffs for one hundred and twenty dollars. After the date of the third note defendant continued to purchase goods from plaintiffs. Plaintiffs sought to establish their claim in the present action by proof of the whole account from the beginning, conceding a credit of two hundred and fifty dollars, the amount of the third note, although one hundred and twenty dollars only had been paid upon it. Held, that neither party could retry the questions involved in the feigned issue, but as there could not have been a recovery at the trial of the feigned issue for charges in the account after the date of the note, there was no adjudication as to them, aud as to them plaintiffs were entitled to recover.</p> <p>Statute of limitations — Application of payments — Accounts.</p> <p>In an action to recover the balance upon a general account, it is competent for the plaintiffs to show that certain payments had been appropriated to the earlier items of the account.</p>