Thayer & White v. Denton
Michigan Supreme Court
Case made from the Circuit Court for the County of Washtenaw. This action was brought on a promissory note, of which the following is a copy: “Four months after date, for value received, we, jointly and severally, promise to pay Samuel Denton, or bearer, one hundred and twenty dollars. “ Charles T. White, “ Charles Thayer.
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Case made from the Circuit Court for the County of Washtenaw. This action was brought on a promissory note, of which the following is a copy: “Four months after date, for value received, we, jointly and severally, promise to pay Samuel Denton, or bearer, one hundred and twenty dollars. “ Charles T. White, “ Charles Thayer. “ Ann Arbor, 6th September, 1851.” The suit was commenced before a Justice of the Peace, and was removed by appeal to the Circuit Court for the County of Washtenaw, where the cause was tried before the Hon. Samuel T. Douglass, Circuit Judge, without a jury. Judgment was…
1Opinion of the Court
By the Cotirt,
Bacon, J.
The remark made by Benton when the witness, Athelia Beckley, paid him the $75, with directions to apply the same on the note in question, “ very well, I understand it,” was an express assent to apply the money according to such direction. If he did not wish to make such application, it was his duty so to have informed the witness Beckley, who, for the purpose of making the payment, was the agent of White, and he should have refused to receive the money.
The debtor has a right to say on which of several notes or demands his payment is to be applied. Among numerous cases…
2Cited by3 opinions
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