Legal Opinion
Hiller & Skoglund, Inc. v. Atlantic Creosoting Co., Inc.
Supreme Court of New Jersey
Decided April 23, 1963PublishedCited by 19 opinions
1Opinion of the Court
The opinion of the count was delivered by
Hall, J.
This case involves the right of a creditor to apply an unallocated payment by a debtor, who owes him more than one debt, to that obligation the creditor may select. More particularly, it concerns any limitation thereon where the application made by the creditor detrimentally affects the interests of a third party who is a guarantor of one of the other debts and furnished the funds out of which the payment was made. The third party won in the trial court, the Appellate Division reversed, deciding in favor of the creditor, 73 N. J. Super. 225…
2Cases cited13 opinions
- R. P. Farnsworth & Co. v. Electrical Supply Co.Court of Appeals for the Fifth Circuit · 1940
- St. Paul Fire and Marine Insurance Company v. United States of America for the Use of Dakota Electric Supply Company, Anorth Dakota CorporationCourt of Appeals for the Eighth Circuit · 1962
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Standard Oil Co. v. United StatesSupreme Court of the United States · 1943
- Williams v. Willingham-Tift Lumber Co.Court of Appeals of Georgia · 1909
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Insulation Contracting & Supply v. Kravco, Inc.New Jersey Superior Court Appellate Division · 1986
- 1st Nat'l St. Bank, NJ v. Carlyle House, Inc.New Jersey Superior Court Appellate Division · 1968
- Craft v. Stevenson Lumber Yard, Inc.Supreme Court of New Jersey · 2004
- Carrier Corp. v. J. E. Schecter Corp.Court of Appeals for the Second Circuit · 1965
- General Electric Co. v. E. Fred Sulzer and Co.New Jersey Superior Court Appellate Division · 1965
14 more not listed; retrieve them via the Exa API.