12 Vt. 246 | Vt. | 1840
The opinion of the court was delivered by
— There is, perhaps, no rule of law of more universal application, than that the person paying money,
There is still another case, which not unfrequently occurs, where neither party makes any application of payments until a controversy arises. In cases of this character, the law will make such application as it deems equitable. Cremer v. Higginson, 1 Mason, 323. In equity, it is said, the application will, in such cases, be made to those debts where the security is most precarious. United States v. January et al., 7 Cranch, 572. Field et al. v. Holland et al., 6 Cranch, 8. In the case of Gwinn v. Whitaker, Har. & Johnson, 754, it is said, the law will make such application of money paid, and not appropriated by either party, as will be most beneficial to the debtor. I should consider this latter rule more in accordance with the principles of natural justice and equity, and more correspondent with other established principles upon the samé subject, than the doctrine of the cases from the
Judgment affirmed.