Carpenter v. Goin
Superior Court of New Hampshire
Assumpsit, to recover the balance of a promissory note made by the defendant, dated December 29,1845, for fifty-two dollars and eighty-four cents, payable to the plaintiff or bearer, on demand with interest, on which was indorsed, February 17, 1846, thirteen dollars.
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Assumpsit, to recover the balance of a promissory note made by the defendant, dated December 29,1845, for fifty-two dollars and eighty-four cents, payable to the plaintiff or bearer, on demand with interest, on which was indorsed, February 17, 1846, thirteen dollars. The writ was dated the 19th day of March, 1846, and on the same day was served by making attachment of divers articles of personal property of the defendant, subject to a previous attachment of the same articles on an action in favor of Shaw & True, of Portland, Maine, the officer’s valuation of which property amounted to $285.…
1Opinion of the CourtWoods, J.
The defendant in this case, owing debts to
different parties lodged with an attorney for collection, paid to the attorney towards those debts a sum of money less than either. He did not designate the debt to which he wished the payment to be applied, either at the time of making the payment, or at any other time, until the attorney himself had made the application to the debt of Shaw & True. He then requested the attorney to apply it to that of the present plaintiff. The money was paid on the 13th of April, the application made soon after the 8th of July, and the election of the defendant to…
2Cases cited1 opinion
- Caldwell v. WentworthSuperior Court of New Hampshire · 1843