Kann v. Kann
Supreme Court of Pennsylvania
Appeal, No. 138, Oct. T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1915, No. 435, on verdict for plaintiff in case of W. L. Kann v. M. M. Kann. Assumpsit on account stated. Before Carpenter, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff generally for $1,845.95 with special findings that the $4,000 payment was properly applied on interest and the $1,000 payment should be applied on principal. Plaintiff appealed.
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Appeal, No. 138, Oct. T., 1917, by plaintiff, from judgment of C. P. Allegheny Co., July T., 1915, No. 435, on verdict for plaintiff in case of W. L. Kann v. M. M. Kann. Assumpsit on account stated. Before Carpenter, J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff generally for $1,845.95 with special findings that the $4,000 payment was properly applied on interest and the $1,000 payment should be applied on principal. Plaintiff appealed. Errors assigned were rulings on evidence, answers to points, and the charge of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mosci-izisker,
Appellant states the following “question involved”: “Can a debtor in making payment on account of indebtedness specifically apply the payment to principal, when the interest at the date of payment exceeds the payment; or does the law make the application in such a case to interest, so as to prevent any application by the debtor?” *586Fully to cover the question presented by the record before us, however, this statement should include not only the fact that defendant debtor expressly directed the voluntary payment in controversy to be applied on principal, but…
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