Eylar v. Read

Citations

• 60 Tex. 387
• 1883 Tex. LEXIS 344

Syllabus

<p>1. Appropriation op payments.— If a creditor having several debts against a debtor receive money with instructions to appropriate it to one of them, it must be thus appropriated, and its appropriation being once thus directed, cannot be afterwards changed by the creditor without the debtor’s assent.</p> <p>2. Same.— The mere execution and delivery after payment of a receipt, showing the appropriation of the payment otherwise than as directed when payment was made, imposes no obligation on the debtor to have the receipt corrected, and works no estoppel on the debtor’s right to enforce the appropriation of the payment in the manner first directed by him.</p>