A Treatise On the Application of Payments By Debtor to Creditor; Being a Complete Compilation of the Law Pertaining to the Rights of Debtor And Creditor Respectively; And Also Giving the Various Rules for the Guidance of the Courts When No Appropriation H

Cover A Treatise On the Application of Payments By Debtor to Creditor; Being a Complete Compilation of the Law Pertaining to the Rights of Debtor And Creditor Respectively; And Also Giving the Various Rules for the Guidance of the Courts When No Appropriation H
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441.
FIRST PRESOIPAL RULE. IT The Court said : " It is a well settled rule of law that a party paying money, even where there are several accounts between him and the receiver, has the right to direct on what account it shall go ; and if at the time of the payment any direction is given as to the appropriation, the receiver, by accepting it, is bound by the appropriation, and cannot apply it to any other purpose. Here the money was sent with distinct notice that it was Boardman's money, sent to
... dis- charge that note, being the only note on which Board- man was liable to the plaintiff, and the only debt due from Boardman to the plaintiff. Although he at first refused to accept it, and for aught appears con- tinued to refuse, yet by the act of accepting it he was bound to receive it on account of that note, and he is precluded by law from averring that he received it on any other. Wasson was a mere agent or messenger to carry the money and give notice of the purpose for which it was sent.

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