Legal Opinion

Farris v. Morrison

Supreme Court of Arkansas

Decided April 1, 1899PublishedCited by 4 opinions

Appeal from Stone Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. D. A. Morrison brought suit against Champ Farris and others upon a promissory note executed by them to him for the sum of $1,111.17. The defendants answered, admitting the execution of the note, but alleged that it had been paid, and set out the sums paid and the date of payment.

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Appeal from Stone Circuit Court. Richard H. Powell, Judge. STATEMENT BY THE COURT. D. A. Morrison brought suit against Champ Farris and others upon a promissory note executed by them to him for the sum of $1,111.17. The defendants answered, admitting the execution of the note, but alleged that it had been paid, and set out the sums paid and the date of payment. On the trial, the evidence showed that certain of the defendants were partners, doing business under the firm name of N. B. Union & Co.; that such firm became indebted to plaintiff, Morrison, and the note sued on was given in…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) The question presented by this appeal is a very simple one, and relates to the appropriation of payments. The right of appropriation belongs to the debtor, and, when he owes a creditor more than one debt, he can, in making a payment, appropriate it to whichever debt he pleases. If the debtor makes the payment generally, without appropriating it to any particular debt, the creditor may then appropriate it to any debt due from the debtor making the payment. Bell v. Radcliff, 32 Ark. 645. But the creditor cannot appropriate the payment to the debt of a…

2Cases cited2 opinions

  1. Bell v. RadcliffSupreme Court of Arkansas · 1878
  2. Feucht v. EvansSupreme Court of Arkansas · 1889

3Cited by4 opinions

  1. Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
  2. Gosnell v. Independent Service Finance, Inc.Court of Appeals of Arkansas · 1989
  3. Gowan v. RobinsonSupreme Court of Arkansas · 1935
  4. Christian v. Plumbers' Supply Co.Court of Appeals of Texas · 1934

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