Sprinkle and Wife v. . Martin

72 N.C. 92

• Court: Supreme Court of North Carolina
• Decided: January 5, 1875
• Status: Published

Opinion

Rea.de, J.

This is the fifth case at least, in our own Reports, in which it is decided : 1. That a debtor owing two or more debts to the same creditor, and making a payment, may at the time direct the application of it.

2. If the debtor does not direct the application at the time, the creditor may make it.

3. If neither debtor or creditor makes it, then the law will apply it to that debt for which the creditor’s security is most precarions. Moss v. Adams, 4 Ired. Eq., 42; Ramseur v. Thomas, 10 Ired., 165; State v. Thomas, 11 Ired., 251; Jenkins v. Beal, 70 N. C. Rep., 440.

There is no error.

Peb CuRIak. Judgment affirmed.