Taylor v. Coleman
Texas Supreme Court
Error from Colorado. Tried below before the Hon. James H. Bell. Suit commenced Oct. 7th, 1856, by defendants in error against plaintiff in error, alleging an account from the 24th March, 1853, to the 12th April, 1855, against defendant, amounting to $250 93, which was exhibited as part of the petition; also advances of cash to defendant, $300 on the 24th March and $250 on the 22d April, 1853, on defendant’s cotton crop, for which advances plaintiff exhibited defendant’s…
Read the full summary
Error from Colorado. Tried below before the Hon. James H. Bell. Suit commenced Oct. 7th, 1856, by defendants in error against plaintiff in error, alleging an account from the 24th March, 1853, to the 12th April, 1855, against defendant, amounting to $250 93, which was exhibited as part of the petition; also advances of cash to defendant, $300 on the 24th March and $250 on the 22d April, 1853, on defendant’s cotton crop, for which advances plaintiff exhibited defendant’s receipts, signed by him, and promising to pay interest thereon at the rate of ten per cent, per annum until the cotton was…
1Opinion of the Court
Hemphill, Ch. J.
The defendant being indebted to the plaintiffs on open store account, and also for moneys advanced on his cotton, the receipts of the advances being acknowledged in writing, with a promise to pay interest at ten per cent, until the sale of the cotton, the first question is as to the application of the proceeds of the sales of the cotton. The general rule is, that the debtor, at the time of payment, has the right to apply it to which debt he pleases. If he fail to appropriate it, the creditor can, with some exceptions, apply it at his election. If both fail, it will be applied…
2Cases cited1 opinion
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
3Cited by21 opinions
- Stinnett v. Paramount-Famous Lasky Corp. of New YorkTexas Commission of Appeals · 1931
- Phillips v. HerndonTexas Supreme Court · 1890
- Marshall v. G. A. Stowers Furniture Co.Court of Appeals of Texas · 1914
- Stark v. BurkittTexas Supreme Court · 1910
- Phipps v. P. J. Willis & Bro.Court of Appeals of Texas · 1895
16 more not listed; retrieve them via the Exa API.