Sawyer v. Tappan
Superior Court of New Hampshire
Assumpsit. A verdict was taken for the plaintiff, subject to the opinion of this court upon the following case. The action is brought by Jerome Sawyer, administrator de bonis non of the estate of Jabez Sawyer, to recover two hundred dollars, money had and received by the defendant, to the use of the plaintiff’s intestate.
Read the full summary
Assumpsit. A verdict was taken for the plaintiff, subject to the opinion of this court upon the following case. The action is brought by Jerome Sawyer, administrator de bonis non of the estate of Jabez Sawyer, to recover two hundred dollars, money had and received by the defendant, to the use of the plaintiff’s intestate. The writ is dated on the 28th day of February, 1843, and was served in March, 1843. The defendant pleaded the general issue and the statute of limitations, that the cause of action did not accrue to the plaintiff within six years before the commencement of the suit. The…
1Opinion of the CourtGilchrist, J.
The general rule is, that where a person owes several debts, and pays money without any specific appropriation of it, the creditor may apply it to which debt he pleases. Peters vs. Anderson, 5 Taunt. 596; Shaw vs. Picton, 4 B. & C. 715. But the debtor need not declare the appropriation of it at the time of payment. It will be sufficient if it can be collected, from other circumstances, that he intended, at the time of payment, to appropriate it to one account specifically. Shaw vs. Picton, 4 B. & C. 715. It is also held that an appropriation by a creditor is not complete until the other party…
2Cases cited2 opinions
- Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
- Stewart v. KipNew York Supreme Court · 1810
3Cited by3 opinions
- McCarthy v. ParisIdaho Supreme Court · 1928
- Kidder v. NorrisSuperior Court of New Hampshire · 1847
- Parks v. IngramSuperior Court of New Hampshire · 1851