Bell v. Clark
Superior Court of Pennsylvania
Appeal, No. 39, Oct. T., 1908, by-Mary E. Clark, from judgment of C. P. McKean Co., Oct. T., 1900, No. 359, on verdict for plaintiff in case of W. W. Bell v. Mary E. Clark. Assumpsit on a promissory note. Before Bouton, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 39, Oct. T., 1908, by-Mary E. Clark, from judgment of C. P. McKean Co., Oct. T., 1900, No. 359, on verdict for plaintiff in case of W. W. Bell v. Mary E. Clark. Assumpsit on a promissory note. Before Bouton, P. J. The facts are stated in the opinion of the Superior Court. Defendant presented the following point: 1. That it appearing that the payment made was not applied, either by the debtor or creditor, the law makes application thei’eof in the manner most favorable to the debtor, that is to say, in relief of the source from which the payment fund arose. Answer: This, gentlemen,…
1Opinion of the Court
Opinion by
Porter, J.,
This action is brought upon a negotiable promissory note, dated January 7, 1897, made by the defendant payable to the order of Junius R. Clark, three months after date. The parties filed a stipulation in the court below agreeing that W. W. Bell, the nominal plaintiff, had taken and held the note as cashier of the First National Bank of Bradford; that the note was the property of said bank and that the case should be tried as if the action had been brought in the name of the bank “and further that upon the trial it shall be treated and considered as though the pleadings…
2Cases cited7 opinions
- Smith v. BrookeSupreme Court of Pennsylvania · 1865
- Pierce v. SweetSupreme Court of Pennsylvania · 1859
- Moore v. KiffSupreme Court of Pennsylvania · 1875
- McKelvey v. Jarvis, Halpin & Co.Supreme Court of Pennsylvania · 1878
- Johnson's AppealSupreme Court of Pennsylvania · 1860
2 more not listed; retrieve them via the Exa API.
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- Markley v. Allison, Pennsylvania Court of Common Pleas, Beaver County1943