Mayor of Alexandria v. Patten
Supreme Court of the United States
Error to the Circuit Court of the district of Columbia, sitting at Alexandria, in an action of debt brought by the Mayor and Commonalty of Alexandria, for the use of John Gr. Ladd, against Thomas Patten and his sureties, on a bond given for the performance of his duty as vendue-master. The object of the suit was to recover a sum of money alleged to remain in his hands as vendue-master, on account of goods sold for Ladd.
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Error to the Circuit Court of the district of Columbia, sitting at Alexandria, in an action of debt brought by the Mayor and Commonalty of Alexandria, for the use of John Gr. Ladd, against Thomas Patten and his sureties, on a bond given for the performance of his duty as vendue-master. The object of the suit was to recover a sum of money alleged to remain in his hands as vendue-master, on account of goods sold for Ladd. Patten was also the debtor of Ladd, for goods sold by him to Patten, who gave in evidence payments which exceeded the amount due upon the latter account, and which, if applied…
1Opinion of the Court
Marshall, Ch. J.,
after stating the case, delivered the opinion of the court, as follows :—
It is a clear principle of law, that a person owing money on two several accounts, as upon bond and simple contract, may elect to apply his pay*192ments to which account he pleases; but if he fails to make the application, the election passes from him to the creditor. No principle is recollected, which obliges the creditor to make this election immediately. After having made it, he is bound by it; but until he makes it, he is free to credit eithejr the bond or simple contract.
Unquestionably, circumstances…
2Cited by1 opinion
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808