Jones v. Williams
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Cohmnbia County. This action was brought to recover tbe amount of a note for $1,560 at one year from date, witb interest at ten per cent., executed February 1,1867, by tbe defendant to Owen Griffiths, tbe plaintiffs’ intestate; and also to recover for labor and services alleged to have been performed by said Griffiths as a miller, for 'the defendant, at bis request, at bis grist and flouring mills in Danville, Dodge county, and Cambria,…
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APPEAL from tbe Circuit Court for Cohmnbia County. This action was brought to recover tbe amount of a note for $1,560 at one year from date, witb interest at ten per cent., executed February 1,1867, by tbe defendant to Owen Griffiths, tbe plaintiffs’ intestate; and also to recover for labor and services alleged to have been performed by said Griffiths as a miller, for 'the defendant, at bis request, at bis grist and flouring mills in Danville, Dodge county, and Cambria, Columbia county, from February 1, 1867, to June 25, 1872, of tbe value of $3,078, with interest. Tbe defendant answered tbe…
1Opinion of the CourtCole, J.
The doctrine in regard to the appropriation of payments, as generally statéd in the books, is this: Where the debtor makes any payment to the creditor holding different demands against him, he has the right to apply it to what debt he pleases. If the debtor makes no specific appropriation, the creditor may apply the money as he pleases. And wdien neither party appropriates the payment, the law will apply it according to its own notion of the intrinsic equity and justice of the case. These rules obviously presuppose a payment made by the debtor to the creditor where the former has the power of…
2Cited by10 opinions
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- King v. SuttonSupreme Court of Kansas · 1889
- Milwaukee Boston Store v. KatzWisconsin Supreme Court · 1913
- Jackson v. MooreSupreme Court of Oklahoma · 1913
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