High Co. v. Arrington
Court of Appeals of Georgia
1Opinion of the CourtBeoyles, C. J.
1. “When a payment is made by a debtor to a creditor holding several demands against him, the debtor has the right to direct the claim to which it shall be appropriated. If he fails to do so, the creditor'has the right to appropriate at his election. If neither exercises this privilege, the law will direct the application in such manner as is reasonable and equitable, both as to parties and third persons. As a general rule, the oldest lien and the oldest item in an account will be first paid, the presumption of law being that such would be the fair intention of the parties.” Civil Code…
Also in this document: Concurrence.
2Cases cited2 opinions
- Field v. HollandSupreme Court of the United States · 1810
- Horne v. Planters' BankSupreme Court of Georgia · 1861
3Cited by11 opinions
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
- William Gordon Clyatt v. Grady Electric Membership CorporationCourt of Appeals of Georgia · 2018
- Massey v. Allstate Insurance CompanyCourt of Appeals of Georgia · 2017
- Ragsdale v. Credithrift of America, Inc. (In Re Derritt)United States Bankruptcy Court, N.D. Georgia · 1982
6 more not listed; retrieve them via the Exa API.