Application

1.

A written request, more or less formal, presented to- a private person or to an official for the favorable exercise of his authority or discretion: as, an application for insurance* (g. v.), for 'an order of court, for a pardon, for remission of a fine.

2.

Devoting, appropriating to an end or demand; also, the use or purpose itself to which a thing or fund has been set apart, distributed, or paid.

Misapplication

Improper or unlawful disposition or application. It is not sufficient to aver simply that a defendant "willfully misapplied" trust funds: there must be averments to show how the application was made and that it was an unlawful one.^ Application of payments. The application of a general payment of money to the discharge of one or more of several demands. The right must be exercised within a reasonable time after the payment and by an act which indicates an intention to appropriate. Where neither party has exercised the right the law presumes that the debtor intended to pay in the way which, at the time, was most to his advantage. Where, however, the interest of the debtor could not be promoted by any particular appropriation there is no ground for a presumption of any intention on his part, and the law then presumes that the payment -ivas received in the way most advantageous to the creditor."* The rule settled by the Supreme Court of the United States is that the debtor, or the party paying the money, may, if he chooses, direct its appropriation; if he fails so to do the right then devolves upon the cred- > [Meek v. Breckenridge, 89 Ohio St. 448 (1876). = Leonard v. White, 7 Mass. 8 (1810); Coke, Litt. 121 6, 122 a; 3 N. H. 192. ' Miller v. Mann, 65 Vt. 479 (1882), Veazey, J. « See 85 Minn. 639; 133 Mass. 85. ' United States v. Britton, 107 U. S. 669 (1838); R. S. itor; and it he fails in this respect the law will moke the application according to its own notions of justice. Neither party can make it after a controversy upon the subjecthas arisen between them,^