Hammond Wholesale Implement Co. v. Hunt

LANDRY, Judge.

The sole issue involved in this appeal is the right of a debtor owing several debts to a common creditor to declare, when making payment, which of the debts he intends to discharge and the imputation attributable to a receipt for such payment.

On April 22, 1959, plaintiff-appellee, Hammond Wholesale Implement Co., Inc., sold defendant-appellant, Elance Hunt, a John Deere tractor with certain attachments for the price of $5,739.84, of which amount appellant paid the sum of $1,174.84 represented by cash in the sum of $300 and appellant’s personal check in the amount of $874.84. The…