Shepherd v. Busch

Citations

• 154 Pa. 149
• 26 A. 363
• 1893 Pa. LEXIS 859

Syllabus

<p>Payment — Note of third person — Receipt.</p> <p>Where the note, draft or check of a third party, is received by a creditor from his debtor for a pre-existing debt, the presumption is that it is received as a conditional payment unless there is an agreement that it is to be an absolute payment, and the burden of proving such an agreement is upon the debtor: League v. Waring & Co., 85 Pa. 244.</p> <p>A creditor accepted from his debtor a certain amount of the debt in cash and the remainder in notes of third parties. He gave a receipt for the gross sum represented by the cash and notes, but it did not appear in the receipt that the notes were received as an absolute payment. The creditor denied that he accepted the notes as an absolute payment of so much of his debt. Held, that the receipt was some evidence of the debtor’s contention, and was to be considered by the jury, but that it was very feeble proof in support of such contention.</p> <p>Cross-examination — Immaterial error.</p> <p>In such a case it is not reversible error to permit the debtor’s agent to testify on cross-examination that the same kind of notes had been given to other creditors.</p>