Harding v. Wormley
Harding v. Wormley
Opinion of the Court
delivered the opinion of the court.
James M. Harding held one note on A. G. Ward, And two other notes on A. G. Ward and his wife, M. E. Ward, all endorsed by Wormley, Pritchett & Co. A. G. Ward made to Harding two payments, one of $1,000, the other $500, but at the time gave no direction as to which of the notes the payments ¡should be applied. The notes being then all due, Harding applied 'the payments to the note in which A. G. Ward alone was maker, and entered credits ■upon the note accordingly.
The general principle is, that the debtor has the right at the time to elect to which of the several debts the payment shall be applied, but unless he exercise this right at the time, he cannot afterward do so. Reynolds v. McFarlin, 1 Tenn. If the debtor fails at the time to direct the appropriation, the creditor may apply the payment. This, as a general rule, is not denied, but it is argued that the creditor and debtor may agree to change the credit and place it upon another debt. As between themselves they might, but in this case the creditor, having exercised a right which he clearly had, and entered the credit, the payment of the note to that extent was complete, and this part of the debt could not afterward be revived against the endorsers without their consent. It is said that Mrs. Ward had no opportunity to direct the appropriation of the payment at the time it was made.
There is no error in the record, and the judgment will be affirmed.
Reference
- Full Case Name
- James M. Harding v. Wormley, Pritchett & Co.
- Cited By
- 2 cases
- Status
- Published