Bray v. Crain

Citations

• 59 Tex. 649
• 1883 Tex. LEXIS 243

Syllabus

<p>1. Application op payments. — The direction of a creditor as to the application of a payment may be inferred from circumstances; and parol evidence, tending to show to which of two debts a debtor designed his payment to be applied, with notice of such intent on the part of the creditor, is admissible; following Howland t>. Bush, 7 Biackf. (Ind.), 236.</p> <p>2. Same.— Where there is no direction as to the application of a payment, the creditor may determine how it shall be applied, unless the application made is unreasonable, or would work injustice to the debtor. One who receives specific articles, with instructions to apply the proceeds when sold to his individual debt, cannot apply the same to a firm debt.</p>