The plaintiff may apply the payment at law, if the defendant fails to do it.
Hamilton v. Benbury, 3 N.C. 385, 2 Hayw. 385 (1806)
April 1806
·
North Carolina Superior Court
3 N.C. 385, 2 Hayw. 385
Hamilton vs. Benbury.
'"pKE plaintiff had a bond given by the defendant; and also an account against him: he drew an order on the defendant for a small sum of money, which he paid without directing whether it should be carried to the credit of the bond or of the account : and Hamilton now applied it to the account.