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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... "
A Treatise on the Law Relative to Sales of Personal Property - Page 249
by George Long - 1821 - 268 lehte
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Reports of Cases Argued and Determined in the High Court of ..., 1. köide

Great Britain. Court of Chancery, John Herman Merivale - 1817 - 784 lehte
...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...
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Reports of Cases Argued and Determined in the Court of King's ..., 2. köide

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1819 - 882 lehte
...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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Reports of Cases Argued and Determined in the High Court of Chancery ...

Great Britain. Court of Chancery, Richard Freeman - 1823 - 378 lehte
...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...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - 1824 - 680 lehte
...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...
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Reports of Cases Argued and Determined in the Court of Common ..., 5. köide

Great Britain. Court of Common Pleas, Peregrine Bingham - 1829 - 616 lehte
...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...
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A Practical Treatise on the Law of Principal and Surety: Particularly with ...

William Theobald - 1832 - 324 lehte
...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, 66. köide

1897 - 518 lehte
...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....
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An Abridgment of the Law of Nisi Prius, 1. köide

William Selwyn - 1838 - 802 lehte
...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....
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Decisions of the Court of Session: From November 1825 to [20th July 1841] ...

Scotland. Court of Session - 1839 - 1332 lehte
...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,...
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A Practical Treatise on the Law of Partnership: With an Appendix of Forms

John Collyer - 1840 - 1016 lehte
...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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