Superior Court of Delaware, 1837

Johnson v. Boone's Administrator

Johnson v. Boone's Administrator
Superior Court of Delaware · Decided July 5, 1837 · Per Curiam
2 Del. 172

Counsel

Bates, for plaintiff. Frame, for defendant.

Johnson v. Boone's Administrator

Opinion of the Court

Per curiam.

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.

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