Rice-Stix Dry Goods Co. v. Friedlander Bros.

1. “ When a payment is made upon any debt, it shall be applied first to the discharge of any interest due at the time, and the balance, if any, to the reduction of the principal.” Civil Code (1910), § 3433. But this section does not prohibit a creditor from applying a payment upon the principal, if the debtor so expressly directs. The instant petition, seeking the recovery of an alleged balance of interest due on account after full payment by the debtors of the principal, was not rendered bad as against the general demurrer merely because the bill of particulars showed that the plaintiff had…