National Deposit Bank v. Mawson

Citations

• 46 Pa. Super. 85
• 1911 Pa. Super. LEXIS 232

Syllabus

<p>Affidavit of defense — Practice, C. P. — Promissory notes — Payment— Payment on account — Application of payments.</p> <p>1. In an action on several promissory notes on some of which the defendant was an accommodation indorser and on the remainder the maker, if payment is relied on as a defense, the affidavit of defense must set forth all the circumstances of the alleged payments with certainty and particularity, and not generally or inferentially. The time, manner and exact amount of payments, the person to whom, by whom and to whose account the payments were made, and any other material facts must be clearly and specifically stated. In such a case to allege a payment “on account” is uncertain and indefinite as to time, amount and maimer.</p> <p>2. In an action upon several promissory notes which are not of equal security and mature at different times, the creditor has the right in the absence of any agreement or equity to the contrary to apportion the payments made on account of the notes in his own interest and for his own protection. An affidavit of defense in such a suit must therefore go further than to merely aver that payments were made on account of a certain group of notes. It must aver with particularity all of the circumstances connected with each payment.</p>