Bishop v. Hart
Supreme Court of Iowa
Avueal from Carroll District Court. — How. S. M. Elwood, Judge. Action to recover the balance of the purchase price of goods sold and delivered to defendant Hart, payment of which was guaranteed by the defendant Wetherill. At the conclusion of the trial the court directed a verdict for defendants, and plaintiff appeals.
1Opinion of the Court
Deemer, J.-
1 The motion was based on the ground that the uncontradioted evidence showed payment of the bill by the defendant Iiart. The issues involve the doctrine of the application of payments. The rules with reference thereto are well understood, and not disputed. Hart made payments from time to time, and claims that he directed application thereof to the items of account •sued upon, while plaintiff, admitting the payments, claims that, except as to one item, no direction was given as to how they should be applied; that this payment was applied as ■directed; and that he credited other…
2Cases cited1 opinion
- Manning, Cushing & Co. v. AlgerSupreme Court of Iowa · 1889
3Cited by4 opinions
- Hogston v. BellIndiana Supreme Court · 1916
- Cain v. VogtSupreme Court of Iowa · 1908
- Fremont County v. Fremont County BankSupreme Court of Iowa · 1908
- Valley National Bank v. CownieSupreme Court of Iowa · 1914