Miller v. . Womble
Supreme Court of North Carolina
Civil action, commenced before a Justice of the Peace, and tried upon appeal at December special term, 1897, of Bertie Superior Court, before Brown, J., and a jury. The plaintiff sued out his claim and delivery, and based his right to recover the property named in his affidavit upon the ground that he had made advances to the defendant, which were secured by defendant’s crops, and that said debt due the plaintiff had not been paid. The defendant set up a payment of the debt.
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Civil action, commenced before a Justice of the Peace, and tried upon appeal at December special term, 1897, of Bertie Superior Court, before Brown, J., and a jury. The plaintiff sued out his claim and delivery, and based his right to recover the property named in his affidavit upon the ground that he had made advances to the defendant, which were secured by defendant’s crops, and that said debt due the plaintiff had not been paid. The defendant set up a payment of the debt. The following issues were submitted to the jury: “(1) What was the actual value of the property described in and taken…
1Opinion of the Court
Faircloth, 0. J.:
When there are two or more debts, the rule governing the application of payments in this State, is:
1. Tiie debtor may apply the payment to either debt at his pleasure.
2. If he fail to make the application, the creditor may do so at his pleasure.
3. if neither make it, the law applies the payment to the most precarious debt. The debtor- must direct the application when he makes the payment, and cannot resume the power at any time thereafter. The creditor may make the application at any time before action is brought and not thereafter. These rules apply where there are more than…
2Cases cited4 opinions
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
- Smith v. VaughanSupreme Court of Alabama · 1884
- Moss v. . AdamsSupreme Court of North Carolina · 1845
- Langdon & Ainsworth v. BowenSupreme Court of Vermont · 1874
3Cited by2 opinions
- Sanders v. HamiltonSupreme Court of North Carolina · 1951
- Rouss v. . KraussSupreme Court of North Carolina · 1900