 | Great Britain. Court of Chancery, John Herman Merivale - 1817 - 784 σελίδες
...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...current are settled/ and particularly cash accounts. When there has been a continuation of dealings, in what way can it bo ascertained whether the specific... | |
 | Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1819 - 882 σελίδες
...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.... | |
 | Great Britain. Court of Chancery, Richard Freeman - 1823 - 378 σελίδες
...made by either party, the legal presumption is, that the first item on the debit side of the account, is discharged or reduced, by the first item on the credit side. In Champion v. Scott, 1 Barnard. KBR 139, the court declared that such a question could not be properly... | |
 | Samuel Comyn - 1824 - 680 σελίδες
...account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account that is discharged or...current are settled, and particularly cash accounts. When there ha* been a continuation of dealings, in what way can it be ascertained whether the specific... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - 616 σελίδες
...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...act of setting the two items against each other." Neither the Master of the Rolls nor Bayley J. say that such act is conclusive. It is undoubtedly open... | |
 | William Theobald - 1832 - 324 σελίδες
...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... | |
 | 1897 - 518 σελίδες
...account. Presumably, it is the sum first paid in, that is first drawn out. It is the first item on the debit side of the account, that is discharged,...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.... | |
 | William Selwyn - 1838 - 802 σελίδες
...that is first drawn out. It is the first item on the debit side of the account, which is discharged by the first item on the credit side. The appropriation...act of setting the two items against each other." Per Sir W. Grant, MR Clayton's case, 1 Mer. 572. See further on this subject Devaynes v. Noble, 1 'Mer.... | |
 | Scotland. Court of Session - 1839 - 1332 σελίδες
...account." — ' Presumedly, it is the * sum first paid in that is first drawn out. It is the first item on the ' debit side of the account that is discharged...reduced by the first ' item on the credit side.' The decision in Devaynes would thus entitle the pursuers to look only to the credit side of the account,... | |
 | John Collyer - 1840 - 1016 σελίδες
...specific item ; because, in this case, it is the first item on the debit side of the account which is discharged or reduced by the first item on the credit side. In the case of Brooke v. Enderby (b), Enderby was partner with Gilpin, in the business of woollen-draper,... | |
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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... 
