Sprinkle and Wife v. . Martin
Supreme Court of North Carolina
Civil action, against the defendant as surety on a guardian bond, heard before Oloud, J., at August (Special) Term, 1874, of the Superior Court of Wilkes county. The defendant was surety for one Benjamin P. Martin, who was the guardian of the feme plaintiff) his daughter.
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Civil action, against the defendant as surety on a guardian bond, heard before Oloud, J., at August (Special) Term, 1874, of the Superior Court of Wilkes county. The defendant was surety for one Benjamin P. Martin, who was the guardian of the feme plaintiff) his daughter. The plaintiffs had heretofore recovered from the guardian a large amount, which he had received during her minority, from the estate of her grandfather, one Isaac Martin ; the remainder of the judgment being for effects which came into the possession of the guardian from the estate of her uncle, one N. G. Martin ; this…
1Opinion of the CourtRea.de, J.
This is the fifth case at least, in our own Reports, in which it is decided : 1. That a debtor owing two or more debts to the same creditor, and making a payment, may at the time direct the application of it.
2. If the debtor does not direct the application at the time, the creditor may make it.
3. If neither debtor or creditor makes it, then the law will apply it to that debt for which the creditor’s security is most precarions. Moss v. Adams, 4 Ired. Eq., 42; Ramseur v. Thomas, 10 Ired., 165; State v. Thomas, 11 Ired., 251; Jenkins v. Beal, 70 N. C. Rep., 440.
There is no error.
Peb CuRIak.…
2Cases cited1 opinion
- Jos. W. Jenkins & Co. v. BealSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Lester v. . HoustonSupreme Court of North Carolina · 1888
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- Young v. . AlfordSupreme Court of North Carolina · 1896
- Long v. . MillerSupreme Court of North Carolina · 1885
- French v. . RichardsonSupreme Court of North Carolina · 1914
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