Bell v. Boyd & Boyd

COLLARD, Judge.

When this case was before the court on a former appeal it was held “that plaintiffs could not, without Bell's consent, apply to the first note money on deposit known to be collections of taxes, but it is evident from the facts that he afterwards consented to the application, without injury to the State, by accepting from them a loan of the amount upon tendering them the last note, which they accepted. * * * The first note then, for $850, signed by Riggs and Baker, was fully discharged." The facts on the last trial, so far as plaintiff’s evidence goes, supports the same…