Johnson v. Thomas
Supreme Court of Alabama
Statutory Detinue for Personal Property. Appeal from the Circuit Court of Barbour. Tried before the Hon. II. L>. Clayton.
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Statutory Detinue for Personal Property. Appeal from the Circuit Court of Barbour. Tried before the Hon. II. L>. Clayton. This action was brought by Lucius Johnson, against John Thomas, to recover “ one bay horse colt named Oharley, with value of hire or use thereof from 2d January, 1883 and was commenced in a justice’s court, on 5th February, 1883. The case being removed to the Circuit Court by appeal, a bill of exceptions was there reserved by the plaintiff, as follows: “ By consent, N. W. Long was substituted as defendant, instead of John Tilomas; and the following facts were agreed on :…
1Opinion of the Court
SOMERYILLE. J.
Where a debtor, who owes another several distinct debts, makes a payment to him, without directing the mode of its appropriation, the creditor may apply the money as he pleases. This he may do, without giving the debtor any notice of the act by which the appropriation has been made. But the right must be exercised ante litem motarn, or before any controversy has arisen between the parties as tp the act. It is too late to attempt it after such disputation, and a fortiori at the time of the trial. — 1 Addison on Contr. § 350; Callahan v. Boazman, 21 Ala. 246.
It may be considered…
2Cases cited3 opinions
- Sanders v. KnoxSupreme Court of Alabama · 1876
- Levystein v. WhitmanSupreme Court of Alabama · 1877
- Callahan v. BoazmanSupreme Court of Alabama · 1852
3Cited by10 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- McCurdy v. MiddletonSupreme Court of Alabama · 1886
- Larry v. BrownSupreme Court of Alabama · 1907
- Strickland v. HardieSupreme Court of Alabama · 1886
- Muscle Shoals Nat. Bank v. HallmarkSupreme Court of Alabama · 1981
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