Boyd v. Webster
Supreme Court of New Hampshire
Assumpsit, for the balance of an account (reported in 58 N. H. 336). The business of the several firms with the defendant was by one continuous account, without rests or settlement. He understood this, and did not object. When the plaintiff succeeded to the business of Boyd, Corey, Ahl & Co., the defendant was indebted to that firm, and now objects that payments since made and credits given cannot be applied to that indebtedness.
Read the full summary
Assumpsit, for the balance of an account (reported in 58 N. H. 336). The business of the several firms with the defendant was by one continuous account, without rests or settlement. He understood this, and did not object. When the plaintiff succeeded to the business of Boyd, Corey, Ahl & Co., the defendant was indebted to that firm, and now objects that payments since made and credits given cannot be applied to that indebtedness. A part of the defendant’s business with Boyd, Corey & Co., of which firm the plaintiff is the surviving partner, was receiving materials to be-manufactured and…
1Opinion of the CourtAllen, J.
The defendant being liable to the plaintiff fox the amount of his indebtedness to Boyd, Corey, Ahl & Co. (Boyd v. Webster, 58 N. H. 336, 337), the plaintiff, continuing the same account in his own name and in the same business, with the knowledge and without objection of the defendant, might, unless the defendant otherwise directed, apply payments made to himself to the satisfaction of any items of the continuous account, which included the first partnership debt. Hilton v. Burley, 2 N. H. 196; Morse v. Woods, 5 N. H. 301; Sawyer v. Tappan, 14 N. H. 352; Caldwell v. Wentworth, id. 431;…
2Cases cited1 opinion
- Boyd v. WebsterSupreme Court of New Hampshire · 1878