Fargo v. Jennings
Fargo v. Jennings
Opinion of the Court
This action upon a promissory note was tried to the court without a jury. As a partial defense it was averred in the answer that the defendant paid plaintiffs $100 on the 4th day of October, 1890, to be applied upon said note, and it was admitted that the balance thereof was still due and unpaid. The facts as found by the court are, in substance, as follows: On the 4th day of October, 1890, defendant was indebted to plaintiffs something over $100 on account, and at the same time they were the owners and holders of his past-due, unsecured, promissory note for $175, bearing interest at 12 per cent per annum from December 17, 1886, no part of which had ever been paid. On the date first abve mentioned, the defendant, paid $100 upon his indebtedness to plaintiffs, without any intimation as to whether the same should be applied on the account or indorsed on the note. Plaintiff’s immediately credited the entire payment upon the overdue book account, and addressed and mailed a letter to the defendant notifying him of that fact. This letter appears not to have been received. As a conclusion of law upon the foregoing facts, the court found that the defendant was entitled to have the payment of $100 credited upon the note as of the date when paid, thus reducing the claim of plaintiffs from $308.06 to $199.85. From a judgment for the amount last above named in plaintiffs’ favor, and against the defendant, plaintiffs appeal.
• Where, for the' purpose of liquidation, money is paid by a debtor to one who owns and in the same capacity holds two or more past-due claims of similar character against him, without
Reference
- Status
- Published
- Syllabus
- J., who owed the firm of F. & F. over $100 on account, and in the same capacity $175 evidences by his past-due, unsecured, promissory note, having paid $100 without manifesting any desire or preference as to which of the claims the money should be applied, it is held, in an action . upon the promissory note, that said creditors had the right to use the money to exsingúish the account, and that the debtor has no legal cause to complain. (Syllabus by the Court.