Pinney v. French

Citations

• 67 Kan. 473
• 73 P. 94
• 1903 Kan. LEXIS 277

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Promissory Notes — Subsequent Change in Application of Payment. A debtor owed a creditor on two promissory notes, one secured by mortgage on personal property, the other unsecured. The same debtor had given to another creditor a promissory note secured by a second mortgage on the same-property. The debtor made a payment to the first creditor, which was applied on his secured note. Five months later the debtor and the first creditor undertook, by mutual agreement, to change the application of the payment from the secured to the unsecured note. Held, that the change of application could not be made to the prejudice of the rights of the second creditor without his consent.</p>