application

petition, appeal from the denial of a petition, and anything else that functions as an appeal." Second, California's procedures are very different from those in other States.

The act of making a request for something. It need not be in writing; State v. Stiles, 12 N. J. L. 296. A written request to have a certain quantity of land at or near a certain specified 3 Binn. (Pa.) 14; Biddle's Lessee v. Dougal, 5 Binn. (Pa.) 142. A petition. Scott v. Strobach, 49 Ala. 477, 489. The use or disposition made of a thing. In Insurance. The preliminary statement made by a party applying for an insurance on life, or against fire. It usually consists of written answers to interrogatories proposed by the company applied to, respecting the proposed subject. It corresponds to the "representations" preliminary to maritime insurance. It is usually referred to expressly in the policy as being the basis or a part of the contract, and this reference creates in effect a warranty of the truth of the statements. In an action on a policy, the application and policy must be construed as one instrument; Studwell v. Association, 19 N. Y. Supp. 709. If the policy does not make the answers a part of the contract, this will have only the effect of representation; May, Ins. § 159; Columbia Ins. Co. v. Cooper, 50 Pa. 331. To constitute a warranty it must be made a part of the policy; Goddard v. Insurance Co., 67 Tex. 69, 1 S. W. 906, 60 Am. Rep. 1. A mere reference in the policy to the application does not make its answers warranties; it is a question of intention; Jefferson Ins. Co. v. Cotheal, 7 Wend. (N. Y.) 72, 22 Am. Dec. 567; Sheldon & Co. v. Insurance Co., 22 Conn. 235, 58 Am. Dec. 420; Commonwealth's Ins. Co. v. Monninger, 18 Ind. 352; the courts tend to consider the answers representations, rather than warranties, except in a clear case; Campbell v. Insurance Co., 98 Mass. 381; Miller v. Insurance Co., 31 la. 216, 7 Am. Rep. 122; Wilson v. Insurance Co., 4 R. I. 141. An oral misrepresentation of a material fact will defeat a policy on life or against fire, no less than in maritime insurance, on the ground of fraud; 1 Phill. Ins. § 650. Misrepresentation as to one of several buildings all being in one policy cannot defeat a recovery on another; Rogers v. Insurance Co., 121 Ind. 570, 23 N. E. 498. See Representation; Misrepresentation; Insurance. Of Purchase-Money. The disposition made of the funds received by a trustee on a sale of real estate held under the trust. Where there is a general power to sell for the payment of debts, or debts and legacies, the purchaser need not look to the application of the purchase-money; Bruch v. Dantz, 2 Rawle (Pa.) 392, 21 Am. Dec. 458; Andrews v. Sparhawk, 13 Pick. (Mass.) 393; 1 Beas. 69; Hauser v. Shore, 40 N. C. 357; Gardner v. Gardner, 3 Mas. 178, Fed. Cas. No. 5,227; or so as to legacies where there is a trust for reinvestment; Wormley v. Wormley, 8 Wheat. (U. S.) 421, 5 L. Ed. 651; Grosvenor & Co. v. Austin's Adm'rs, 6 Ohio 114, 25 Am. Dec. 743; where the trust is to pay specified debts, the purchaser must see to the Cadbury v. Duval, 10 Pa. 207; 1 Pars. Eq. 57; Duffy v. Calvert, 6 Gill (Md.) 487. See note to Elliot v. Merryman, 1 Lead. Cas. Eq. 74; Perry, Trusts; Adams, Eq. *153. The doctrine is abolished in England by 23 & 24 Vict. c. 145, § 29, and is of little importance in the United Stales; Bisp. Eq. 278. Of Payments. See Appropriation.

A putting to; a placing near or before; the making of a request; request in writing; a putting to; a bringing together, in order to ascertain some relation or establish some connection, as the application of a rule or principle to a case or fact; a putting to some use, as the application of money to a particular purpose, to payment of a particular debt

A putting to, placing before, preferring a request or petition to or before a person. The act of making a request for something. A written request to have a certain quantity of land at or near a certain specified place, 3 Bin. 21; 5 Id. 151. The use or disposition made of a thing. A bringing together, in order to ascertain some relation or establish some connection; as the application of a rule or principle toa case or fact. In insurance. The preliminary request, declaration, or statement made by a party applying for an insurance on life, or against fire. Of purchase money. The disposition made of the funds received by a trustee on a sale of real estate held under the trust.

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,^