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" In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably, it is the sum first paid in, that is first drawn out. It is... "
Wood's Collyer on the Law of Partnership: With an Appendix of Forms - Page 900
by John Collyer - 1878
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Reports of Cases Argued and Determined in the High Court of ..., Volume 1

Great Britain. Court of Chancery, John Herman Merivale - Equity - 1817 - 784 pages
...or reduced, by tion at the time the first item on the credit side. The appropriation is of payment. made by the very act of setting the two items against...been a continuation of dealings, in what way can it bo ascertained whether the specific balance due on a given day has, or has not, been discharged, bat...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - Law reports, digests, etc - 1819 - 882 pages
...first paid in that is first drawn out. It is the first item on the debit side of the account which is discharged or reduced by the first item on the...current are settled, and particularly cash accounts." The principle of that decision governs the present, and there must therefore be judgment for the defendant....
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A Treatise on the Law Relative to Sales of Personal Property, Volume 3

George Long - Sales - 1821 - 294 pages
...243, n. ; Peters 2 Barn. & Aid. 39, accord.; v. Anderson, 5 Taunt. 596 ; Brooke v. Enderby, 2 Brod. & the debit side of the account that is discharged,...current are settled, and particularly cash accounts." But although there be no actual appropriation of a payment to a particular account, yet there may be...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 680 pages
...on Tuesday. There is a fund of 1000/. to draw upon, and that is enough. In such a case there is no room for any other appropriation than that which arises...settled, and particularly cash accounts. When there ha* been a continuation of dealings, in what way can it be ascertained whether the specific balance...
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A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - Agency (Law) - 1832 - 324 pages
...account (c). Presumably, in such a case, it is the first item on the debit side of the account which is discharged or reduced by the first item on the...that principle all accounts current are settled. And the same principle applies to those accounts current in which, after the death either of any of the...
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The Law Journal Reports, Volume 66

Law reports, digests, etc - 1897 - 518 pages
...Tuesday. There is a fund of 1,000£. to draw upon, and that is enough. In such a case, there is no room for any other appropriation than that which arises...current are settled, and particularly cash accounts." The facts of the present case are very different. There is no current account between the parties here....
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - Partnership - 1840 - 1016 pages
...paid in form one blended fund, the parts of which have no longer any distinct existence. There is no room for any other appropriation, than that which...current are settled, and particularly cash accounts." Now, it may be inferred from these observations, that in accounts current of a different nature, where...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Volume 1

Thomas Starkie - Evidence (Law) - 1842 - 1186 pages
...proportion to the debts (b). Where a creditor has several demands, some of which cannot be enforced setting the two items against each other ; upon that principle all accounts are settled, and particularly cash accounts. Clayton'* Cote, 1 Merivale, 572. In general, where payments...
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Commentaries on the Law of Suretyship: And the Rights and Obligations of the ...

William Burge - Bail - 1849 - 618 pages
...order in which the receipts and payments take place, and are carried into the account. Presumeably, it is the sum first paid in that is first drawn out...that principle all accounts current are settled, and, particu. larly cash accounts. When there has been a continuation of dealings, in what way can it be...
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Commentaries on the Law of Suretyship: And the Rights and Obligations of the ...

William Burge - Bail - 1849 - 620 pages
...order in which the receipts and payments take place, and are carried into the account. Presumeably, it is the sum first paid in that is first drawn out...each other. Upon that principle all accounts current arc settled, and, particu. larly cash accounts. When there has been a continuation of dealings, in...
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