Wriggelsworth v. Lott

This is an action upon a promissory note. The case was tried before the court sitting as a jury.

The following facts are not in dispute. On May 19, 1919, defendant, Floyd E. Lott, signed a promissory note in the amount of $675 payable to plaintiff, John Wriggelsworth, the due date of which was September 19, 1919. The following indorsement is found upon the note: “No.v. 26, 1935. Received to apply $25.” The record shows that of the $25 payment indorsed on the note, $17.92 was for cement purchased from defendant and the balance $7.08 was in the form of a check dated November 26, 1935, but…