Smith v. Loyd
Supreme Court of Virginia
Loyd, a merchant of Alexandria, having many debts due to him from persons residing in the counties of Loudoun and Fau-quier, employed Smith, an attorney at law, to collect the same for him. Smith proceeded to collect, and was many years engaged in collecting, the debts; and he made remittances to Loyd, from time to time, on account of his collections. But when the parties came to settle their accounts, irreconcileable differences arose between them.
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Loyd, a merchant of Alexandria, having many debts due to him from persons residing in the counties of Loudoun and Fau-quier, employed Smith, an attorney at law, to collect the same for him. Smith proceeded to collect, and was many years engaged in collecting, the debts; and he made remittances to Loyd, from time to time, on account of his collections. But when the parties came to settle their accounts, irreconcileable differences arose between them. Therefore, Loyd brought a suit against Smith in the superior court of chancery of Winchester, to have the accounts settled before a commissioner…
1Opinion of the Court
*ALLEN, J.,
after disposing of several controverted points touching matters of detail, said — As to the application of payments, where no specific application was made by the parties, and where it does not appear upon what claim the money was received, generally speaking, the debtor has the right to make the application. If he fails to do so, the creditor, having different debts, may make the application as he chooses. These are familiar and well settled rules. But where neither party makes the application, and the question is referred to the court, upon what principle is the adjustment to be…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- United States v. WardwellU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by2 opinions
- J. & G. CONSTRUCTION CO. v. Freeport Coal Co.West Virginia Supreme Court · 1963
- Hall's Administrator v. WhiteSupreme Court of Virginia · 1913