Silver v. Tomach

Citations

• 73 Pa. Super. 517
• 1920 Pa. Super. LEXIS 52

Syllabus

<p>Promissory notes — Payment—Application of proceeds.</p> <p>In an action by the endorsee, after maturity, of certain promissory notes, where the defense was that the notes had been paid to the original payee before negotiation, the plaintiff should be allowed to prove that the sums so received were applied by the payee to other indebtedness of the defendant.</p> <p>In the absence of any instructions to the contrary, the original payee of certain promissory notes had the right to make applications of payments hy the maker of such notes to an open account between the parties, and did not necessarily have to apply the same to the liquidation of the notes.</p>