Johnson v. Boone's Administrator
Opinion of the Court
Where there are distinct demands against a firm, and the individuals of the firm, if money of the partners be paid, though generally, it cannot be applied to the individual debt; and so, vice versa, a payment by the individual cannot be credited to the partnership account, unless there be evidence of consent. Roscoe Evid. 248-9. If this was a payment by Boone individually, the plaintiff must show his consent to the application he has made of it, or that such was at the time Boone’s intention; otherwise it must now be credited to the “ Hermit.” The draft was probably inclosed in a letter, and which would show, perhaps, on what account the money was paid.
Verdict for plaintiff.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.