Stewart v. Caye & Co.

W. C. Caye & Company instituted a proceeding against W. B. Stewart to foreclose a retention-title contract to certain personalty: The issue was whether the plaintiff properly applied a payment of $450 made by the defendant to the plaintiff on an unsecured account which the defendant owed the plaintiff rather than on the notes secured by said retention-title contract. The defendant assumed the burden of proof, and testified positively that he gave the plaintiff a check for said $450 to be applied on his secured notes. The purport of W. -0. Caye’s testimony was that the defendant handed him the…