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" 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 reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items... "
Reports of Cases Argued and Determined in the High Court of Chancery ... - Page 612
by Great Britain. Court of Chancery, John Herman Merivale - 1817
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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
...the account which is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...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
...the account that is discharged, or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...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
...the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...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 Partnership: With Precedents of ...

Henry Cary - Partnership - 1827 - 426 pages
...sum, but how is that an acquittal of an old debtor (?«)?" But in the former case it had been said, " when there has been a continuation of dealings, in...that balance appear by the account to have been made ? you are not to take the account backwards, and strike the balance at the head insteadofthefootofit...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 5

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1829 - 616 pages
...the account which is discharged or reduced by the first item on the credit side. The appropriation is made by the very 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...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 2

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1830 - 852 pages
...the account which is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...current are settled, and particularly cash accounts.' " But neither Sir William Grant nor Mr. Justice Bayley say that such a circumstance is conclusive....
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A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - Agency (Law) - 1832 - 324 pages
...the account which is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...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
...the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other." This (6) 1Q.BD 178. (7) 2 B. & Aid. 39. (8) 63 LJ Ch. 401, 40G ; 20 Ch. D. 6У2, 702. (9) 1 J. ic H....
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An Abridgment of the Law of Nisi Prius, Volume 1

William Selwyn - Nisi prius - 1838 - 802 pages
...side of the account, which is discharged by the first item on the credit side. The appropriation is made by the very 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....
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - Partnership - 1840 - 1016 pages
...the account, that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against...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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