A Compendium of Commercial Law: Analytically and Topically Arranged, with Copious Citations of Legal Authorities, for the Use of Business Colleges and Universities, Students of Law, and Members of the Bar
A Compendium of Commercial Law: Analytically and Topically Arranged, with Copious Citations of Legal Authorities, for the Use of Business Colleges and Universities, Students of Law, and Members of the Bar.
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ... 365.-4. How Directed.--The letter should be plainly and legibly directed to the creditor at his place of residence, and handed to the postmaster or some one in charge of the office. Or probably it would answer, if there is proof that the letter was dropped into the usual letter-box attached to the office. 1 Kington v. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 Excerpt: ... 365.-4. How Directed.--The letter should be plainly and legibly directed to the creditor at his place of residence, and handed to the postmaster or some one in charge of the office. Or probably it would answer, if there is proof that the letter was dropped into the usual letter-box attached to the office. 1 Kington v. Kington, 11 Mees. & Wels. 233. It should be addressed to the creditor's place of residence, or place of business; and if he resides in a large city, the street and number of such place should be superscribed on the letter, unless the creditor has given some other place in his instructions.1 VII--APPLICATION OF. 366. Partial payments are sometimes made by the debtor who is indebted on several different accounts or classes of debts to the same creditor. In such cases it becomes a question as to the debt to which the payment shall be applied. The rules of law on this subject, however, are tolerably well settled, and will be stated under the following heads: 367.--1. Debtor may Direct.--The debtor has the right at the time he makes the payment to apply it to whichever account he chooses; and the creditor, if he receives the money, is bound to make the application according to the debtor's directions. If he receives the money at all, he must receive it strictly subject to those directions.2 If money is sent by a debtor to his creditor, with notice of the account on which it is paid, and the creditor refuses to accept on those terms, but he does receive and retain the money, this will be conclusive upon him, and the appropriation made by the debtor will be enforced by law.3 368.--2. When Creditor may Direct.--If the debtor gives no directions about it at the time of the payment, and no particular intention on his part...
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