This was a oivil' ACTION, tried before Pobinson, Judge, at Spring Term, 1895, of S.taNLY Superior Court. The action is for $64.58, balance due on a note for $600, secured by mortgage on defendant’s real estate. This note was executed, to plaintiff’s testator, Gr. H. Barnhardt, and was held and sued on by the plaintiff as executor of Barn-hardt.
Cited by 1 later decisions — most recently December 1953
1 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
It is agreed all around that the debtor may direct the application of his payment, and on his failure to do so the creditor may make the applicatipn, and if he fails then the law will make it to the debt with least security.
¶2
Here, the plaintiff held a note for $600 in his right as executor against defendant and another for a less amount as assignee in his individual right; the latter holding however was unknown to the defendant. The plaintiff applies by letter for $75 “ as one of the heirs is in a strain and needs it very much.” The defendant answers “ Find check for $57.50. I will send you some more as soon as I can raise it,” which was equivalent to saying, “ I send you'this amount to relieve the heir in distress”, and in legal effect was a request to apply it on the-$600 note, and good faith required that it be done.
