Dunnington v. Kirk
Supreme Court of Arkansas
Appeal from Independence Circuit Court. James W. ButeER, Judge. Kirk brought this action against Dunnington and O’Tool to recover damages for the wrongful taking of three mules, 530 bushels of corn and 800 pounds of seed cotton. Defendants claimed that the property was rightfully taken under a deed of trust executed by plaintiff to O’Tool as trustee for the benefit of Dunnington.
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Appeal from Independence Circuit Court. James W. ButeER, Judge. Kirk brought this action against Dunnington and O’Tool to recover damages for the wrongful taking of three mules, 530 bushels of corn and 800 pounds of seed cotton. Defendants claimed that the property was rightfully taken under a deed of trust executed by plaintiff to O’Tool as trustee for the benefit of Dunnington. The deed of trust was to secure an indebtedness of $290 and such advances as Dunnington might make to plaintiff on or before October 1, 1889. Advances were made by Dunnington after October 1, which were not secured…
1Opinion of the CourtHughes, J.
There is conflict in judicial decisions, upon some questions, as to the rule governing the application of payments. The general rule is “that the party paying may direct to what the application is to be made. If he waives his right, the party receiving may select the object of appropriation. If both are silent, the law must decide.”
The rule in this State is that where there is a single running account in which third persons are not interested, and a general payment is made (without application by the debtor), the creditor has no election to make the application, but the law will apply the…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Jones v. United StatesSupreme Court of the United States · 1849
3Cited by5 opinions
- In re HawksDistrict Court, D. Kansas · 1913
- First Nat. Bank of El Paso v. International Sheep Co.Court of Appeals of Texas · 1930
- Goldsmith v. LewineSupreme Court of Arkansas · 1902
- Nunn v. McKnightSupreme Court of Arkansas · 1906
- Herweigh v. HallSupreme Court of Arkansas · 1927