McGaffey v. Mathie
Supreme Court of Vermont
General assumpsit. Pleas, the general issue, payment and set-off. Tidal by court at the February term, 1896, Orleans county, Thompson, J., presiding. Upon the facts found judgment was rendered for the defendant. The plaintiff excepts. The payment of one hundred dollars could not be split up, but must be applied entire upon some one note. Ayer v. Hawkins, 19 Vt. 26; Wheeler v. House, 27 Vt. 737 ; Patterson v. Hull, 9 Cow. 747 ; Beck v. Harris, 31 Mo. 180.
1Opinion of the CourtTaft, J.
The court found that the plaintiff on May 3, 1886, gave the defendant three notes for four hundred dollars, for money loaned, and that the same have never been paid, except the sum of one hundred dollars, paid by the plaintiff on May 3, 1890, to apply on all of said notes, and that the defendant received that sum as a payment on said notes. If the payment was made on that date, to apply on all the notes, a recovery of the amount due thereon is not barred by the statute of limitations. The only exception before us is the one taken “on the ground that there was no evidence tending to support…
2Cases cited2 opinions
- Ayer v. HawkinsSupreme Court of Vermont · 1846
- Wheeler v. HouseSupreme Court of Vermont · 1855
3Cited by3 opinions
- Trask v. Walker's EstateSupreme Court of Vermont · 1926
- Raymond v. Sheldon's EstSupreme Court of Vermont · 1918
- Village of St. Johnsbury v. CenedallaSupreme Court of Vermont · 1937