Waterman v. Younger
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. The jury in this case found a verdict for plaintiffs for the amount sued on, and found that plaintiffs were entitled to a lien on defendants’ property for the amount. I. Where there has been no special appropriation of the payments made by either party to a running account, they will be applied to the discharge of the items of debt antecedently due, in the order of time in which they stand in the account. (1 Sto. Eq.
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Appeal from, Buchanan Circuit Court. The jury in this case found a verdict for plaintiffs for the amount sued on, and found that plaintiffs were entitled to a lien on defendants’ property for the amount. I. Where there has been no special appropriation of the payments made by either party to a running account, they will be applied to the discharge of the items of debt antecedently due, in the order of time in which they stand in the account. (1 Sto. Eq. Jur., § 459 a; 2 Pars. Cont. 633 ; Clayton’s case, 1 Meriv. 572, 604, 608; United States v. Kirkpatrick, 9 Wheat. 737; United States v.…
1Opinion of the CourtWagner, Judge
We see nothing objectionable in the action of the court in reference to its instructions regarding a contract between Younger and Tootle. The evidence shows that Younger did the work, that Tootle recognized him and paid him at different times ; and that was sufficient to warrant the jury in finding a contract between the parties. The real contest in the case relates to the appropriation of payments, and upon, that question I do not think that the court erred. Younger undertook to do the carpenters’ work on a house for Tootle, and the plaintiffs were lumber merchants, and furnished him…
2Cases cited2 opinions
- McCune v. BeltSupreme Court of Missouri · 1869
- Middleton v. FrameSupreme Court of Missouri · 1855
3Cited by11 opinions
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Sioux City Foundry & Manufacturing Co. v. MertenSupreme Court of Iowa · 1916
- Beck v. HaasSupreme Court of Missouri · 1892
- Estes v. FrySupreme Court of Missouri · 1901
- Gantner v. KemperSupreme Court of Missouri · 1875
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