Raymond v. . Newman

Citations

• 29 S.E. 353
• 122 N.C. 52
• 1898 N.C. LEXIS 189

Syllabus

<p>Payment, Application of — Statute of Limitations— Trial — Instructions.</p> <p>1. Where a debtor, who owes the creditor two debts, makes a payment without directing its application, and the creditor makes no application before bringing suit, the law will make the application at the trial.</p> <p>2. Where, in the trial of an action to recover an alleged debt of $1,116, it appeared that the plaintiff had lent to the defendant $800 in 1892, and $316 in 1893; that both loans had matured more than three years before suit was brought; that the defendant had paid 825 after the statute had run against the $800 loan only, but the application had not been directed by him nor made by the plaintiff, it was not error to refuse an instruction that there was no evidence that the payment was to be applied to either loan, and that plaintiff’s claim was barred by the statute of limitations, since such request for instruction was based solely on the hypothesis of the existence of both debts,, and that the Court could not apply the payment to either of them.</p>