Wittkowsky v. . Reid
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of Mecklenburg Superior Court, before Buxton, J. Verdict for plaintiffs, judgment, appeal by defendant. As to application of money where creditor holds more than one debt, and where payment will affect jurisdiction.
Read the full summary
Civil Action tried at Fall Term, 1879, of Mecklenburg Superior Court, before Buxton, J. Verdict for plaintiffs, judgment, appeal by defendant. As to application of money where creditor holds more than one debt, and where payment will affect jurisdiction. Wheeler v. House, 27 Vt., 735; U. 8. v. Kirkpatrick, 9 Wheaton, 720. The creditor having once made application cannot afterwards change it without debtor’s consent, 7 How., 691; 5 Pet., 69. Express declaration at time of payment as to which debt money is to be applied, is not essential; intention may be proved by previous or subsequent…
1Opinion of the CourtDillard, J.
The defendant was indebted to the plaintiffs in two small sums by account, and by two bonds, both dated the same day, and each for the sum of two hundred and seventy-five dollars, one falling due at thirty days after date, and the other at forty-five days, and the action was begun in a justice’s court on the bond last falling due, to-wit: on the one executed at forty-five days, credited by one hundred and twenty-five dollars endorsed as paid on the 27th of J anuary, 1876. The defence made in the justice’s court, and relied upon on appeal in the superior court, was that defendant had paid…
2Cases cited1 opinion
- Hawkins Co. v. . LongSupreme Court of North Carolina · 1876
3Cited by2 opinions
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Long v. . MillerSupreme Court of North Carolina · 1885