113 N.C. 130 | N.C. | 1893
The evidence adduced by plaintiff to prove a payment was not sufficient to go' to the jury, and it was error to refuse the defendant’s ninth prayer for instruction to that effect. According to that evidence — putting out of view the defendant’s testimony — the plaintiff, some years after the bonds were barred by the lapse of time, got a quart of brandy
A case exactly in point is Locke v. Andres, 29 N. C., 159, in which it is held by Rufpin, C. J., that to make specific articles a payment they must be received as payments, or, by subsequent agreement, applied as payments, and that the Court below properly refused to submit to the jury the question of payment, when the evidence was simply that the debtor had at several times let the creditor have small quantities of bacon.
The plaintiff cited several authorities to the effect that if the debtor make no application of a payment, the creditor