Robinson v. Doolittle
Supreme Court of Vermont
This was an action of assumpsit on two promissory notes, both dated the 9th of January, 1837, one for $321,25, payable in six months, and the other for $321,26, payable in nine months from date, with interest, on which several payments were indorsed. Plea, non-assumpsit, and issue joined to the court.
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This was an action of assumpsit on two promissory notes, both dated the 9th of January, 1837, one for $321,25, payable in six months, and the other for $321,26, payable in nine months from date, with interest, on which several payments were indorsed. Plea, non-assumpsit, and issue joined to the court. Upon the trial in the county court, the defendants offered evidence tending to prove that Charles H. Doolittle, the first signer and principal in said notes, was in Boston, in October, 1836, and being indebted to the plaintiffs, gave them his note, dated October 15th, 1836, for $833,04, payable…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
— There is, perhaps, no rule of law of more universal application, than that the person paying money, *249may, at the time of payment, direct such application of it as he sees fit. The term, payment, ex'vi termini, implies that the act is voluntary on the part of the debtor, and, if so, he may annex such conditions to the act, as he sees fit. He must, of course, have the right absolutely and unconditionally of making his own application. 2 Starkie’s Ev. (6 Ed.) 598, and cases cited, note b. 2 English C. L. 334. 3 Ib. 201. Hall v. Wood, 4 East,…
2Cases cited6 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- U. States v. January & PattersonSupreme Court of the United States · 1813
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3Cited by14 opinions
- State v. HillNebraska Supreme Court · 1896
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- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- Diesel Service, Inc. v. Accessory Sales, Inc.Nebraska Supreme Court · 1980
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