Henry Bill Publishing Co. v. Utley
This text of 29 N.E. 635 (Henry Bill Publishing Co. v. Utley) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On the 1st of January, 1883, the defendant was liable to the plaintiff upon his guaranty. He has paid nothing upon the account; and Snow has made no payment which he directed to have applied to this account, but being indebted [368]*368on this account, and also upon another account kept separately by the plaintiff, for books bought by Snow afterwards, he paid certain sums of money without designating upon which account they should be applied. The court, upon competent evidence, found that the plaintiff, at the time of receiving said payments, applied them upon the later account. This the plaintiff was at liberty to do. Haynes v. Nice, 100 Mass. 327. The difficulty with the defendant’s case is, that the facts were found against him. We see no error in law. Exceptions overruled.
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Cite This Page — Counsel Stack
29 N.E. 635, 155 Mass. 366, 1892 Mass. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-bill-publishing-co-v-utley-mass-1892.