Logan v. Mason
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John T. Logan and Robert T. Kennedy, trading under the firm of Logan & Kennedy, against Washington Mason and William Dilworth, trading under the firm of Mason & Dilworth.
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ERROR to the District Court of Allegheny county. John T. Logan and Robert T. Kennedy, trading under the firm of Logan & Kennedy, against Washington Mason and William Dilworth, trading under the firm of Mason & Dilworth. It appeared by a case stated that the defendants, Mason & Dilworth, were indebted, at the dissolution of their partnership, on the 27th June 1839, to the plaintiffs, Logan & Kennedy, who held their bills and notes for about $2000. Mason, who continued the business, and Owens, his surety, contracted with Dilworth, who retired, to pay the partnership debts. Mason continued to…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
*11It is agreed that the application of a payment belongs to the debtor in the first instance; and that, in default of application by him, it devolves on the creditor. So far the Roman law and the common law march together. But the Roman law has this extraordinary proviso, that .the creditor make the application as he would make it if he were the debtor; and any other application by him would go for nothing, on the ground that his act is consonant to the presumptive wish of the parties only, when it is most beneficial to him who paid. It is…
2Cases cited2 opinions
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- Harker v. ConradSupreme Court of Pennsylvania · 1825
3Cited by4 opinions
- Murdock v. ClarkeCalifornia Supreme Court · 1891
- Chestnut Street Trust & Saving Fund Co. v. HartSupreme Court of Pennsylvania · 1907
- Morgan v. TarbellSupreme Court of Vermont · 1856
- Kennedy v. FurySupreme Court of Pennsylvania · 1783