Markert's Estate

Citations

• 252 Pa. 622
• 97 A. 851
• 1916 Pa. LEXIS 673

Syllabus

<p>Contracts — Suretyship—Payments—Independent debt of principal to same obligee — Application of payments — Decedents’ estates.</p> <p>Where two persons executed a promissory note, one as principal and the other as surety, and at the same time the principal executed his individual note to the same obligee for a like amount, and thereafter made payments to the obligee amounting to more than half of the total owed on the two notes, such payments could not be credited against the debt for which the surety was liable until the individual note was paid, where it appeared that the obligee had appropriated moneys so received first to the reduction of the obligor’s separate debt, and where there was no evidence of any agreement at the time of the execution of the notes that payments should first be applied to the reduction of the joint debt.</p>