Rhodes v. Lent
Rhodes v. Lent
Opinion of the Court
The opinion of the Court was delivered by
From the statement of the facts, which possibly may be imperfect, or not altogether correct (for I confess that I encountered some difficulty in collecting them from the paper book), White was certainly interested in the event of the suit; Lent being a subsequent indorser to White on the note, and having paid 100 dollars on it, it was therefore clear that White was bound to reimburse Lent unless Guest the drawer ¡did it; but if Lent succeeded in having the 100 dollars received by him of Guest applied to the note instead of his claim for the work done, he could have no claim afterwards against White as a prior indorser of the note, because by having the money paid him by Guest appropriated to it, and that appropriation sealed by the verdict of a jury and judgment of a court, which rendered it unalterable, his claim against White was thereby paid and satisfied. Hence, White being called as a witness to prove that the 100 dollars paid by Guest to Lent, ought to be ap
Judgment reversed, and a .venire de novo awarded.
Reference
- Full Case Name
- Rhodes against Lent
- Status
- Published