Payne v. Seagars

Court of Appeals of Georgia

Payne v. Seagars

78 S.E. 829, 13 Ga. App. 101, 1913 Ga. App. LEXIS 54

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1913

Docket4769

StatusPublished

Cited by1 cases

This text of 78 S.E. 829 (Payne v. Seagars) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. Seagars, 78 S.E. 829, 13 Ga. App. 101, 1913 Ga. App. LEXIS 54 (Ga. Ct. App. 1913).

Pincite

Opinion

Hill, O. J.

In the absence of direction by a debtor to apply a payment made by him to one of two demands which his creditor holds against him, the creditor can apply the payment to either one of the demands, where no right of a third party will be affected, even though the payment be derived from the proceeds of property upon which the creditor has a special lien as to one of the debts. This principle applies to a payment by a tenant to his landlord, where the landlord receives no direction from the tenant to apply it to the rent, but the tenant leaves it optional with the landlord to apply the payment either to the rent due or to another unsecured indebtedness which the landlord holds against him. Bufford v. Wilkerson, 7 Ga. App. 443 (67 S. E. 114) ; Civil Code (1910), § 4316. Judgment affirmed.

Distraint; from city court of Jefferson — Judge. Johns. February 1, 1913.

Bay &.Bay, for plaintiff in error. 0. E. Smith, W. M. Smith, contra.

Free access — add to your briefcase to read the full text and ask questions with AI

Hill, O. J.

In the absence of direction by a debtor to apply a payment made by him to one of two demands which his creditor holds against him, the creditor can apply the payment to either one of the demands, where no right of a third party will be affected, even though the payment be derived from the proceeds of property upon which the creditor has a special lien as to one of the debts. This principle applies to a payment by a tenant to his landlord, where the landlord receives no direction from the tenant to apply it to the rent, but the tenant leaves it optional with the landlord to apply the payment either to the rent due or to another unsecured indebtedness which the landlord holds against him. Bufford v. Wilkerson, 7 Ga. App. 443 (67 S. E. 114) ; Civil Code (1910), § 4316. Judgment affirmed.

Distraint; from city court of Jefferson — Judge. Johns. February 1, 1913.

Bay &.Bay, for plaintiff in error. 0. E. Smith, W. M. Smith, contra.

Cite This Page — Counsel Stack

Bluebook (online)

78 S.E. 829, 13 Ga. App. 101, 1913 Ga. App. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-seagars-gactapp-1913.

Opinion

Related

Cite This Page — Counsel Stack