J. I. Case Threshing Machine Co. v. Matthews
Missouri Court of Appeals
Appeal from Mississippi Circuit Court.— Hon. Charles B. Baris, Judge. (1) Primarily, where the payment is vouuntary, the debtor has the right to direct the application, and if he fails to direct, the creditor has the right to apply the payment to any debt he chooses. Littleton v. Harris, 69 Mo. App. 596; McMillan v. Grayston, 83 Mo.
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Appeal from Mississippi Circuit Court.— Hon. Charles B. Baris, Judge. (1) Primarily, where the payment is vouuntary, the debtor has the right to direct the application, and if he fails to direct, the creditor has the right to apply the payment to any debt he chooses. Littleton v. Harris, 69 Mo. App. 596; McMillan v. Grayston, 83 Mo. App. 431; 2 Story on Contracts (5 Ed.), sec. 1153. In the absence of directions by either party the law will apply payments to the least precarious. Goetz v. Rice, 26 Mo. App. 634; Price v. Merritt, 55 Mo. App. 6401; Bteck v. Haas, 111 Mo. 268'. The right of…
1Opinion of the CourtNoetoni, J.
This is a suit on a promissory note. The finding and judgment were for defendant Ogilvie, and plaintiff prosecutes the appeal.
The defense proceeds on the theory that it was competent to vary the express terms of the note by showing a parol contemporaneous agreement to the effect that the security vouchsafed in a chattel mortgage securing it should be first applied to its payment before defendant should be called upon to respond in accordance with the tenor of the note.
It appears that W. V.. Matthews purchased a threshing machine, traction engine, and other equipment from plaintiff, at the…
2Cases cited7 opinions
- Brown v. BowenSupreme Court of Missouri · 1886
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
- Beck v. HaasSupreme Court of Missouri · 1892
- Thompson v. FieldSupreme Court of Missouri · 1866
- Sturgeon Savings Bank v. RiggsMissouri Court of Appeals · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Title Insurance Corp. of St. Louis v. United StatesMissouri Court of Appeals · 1968
- County of Audrain Ex Rel. First National Bank of Mexico v. WalkerMissouri Court of Appeals · 1941
- Jenkins v. MorganCourt of Appeals of Texas · 1916
- First National Bank & Trust Co. v. LimppMissouri Court of Appeals · 1926
- Short v. WhiteMissouri Court of Appeals · 1939
4 more not listed; retrieve them via the Exa API.