Plomer and Others v Long
| Jurisdiction | England & Wales |
| Judgment Date | 29 January 1816 |
| Date | 29 January 1816 |
| Court | High Court |
English Reports Citation: 171 E.R. 430
IN THE COURT OF KING'S BENCH AND COMMON PLEAS
[153] in K. B at the first sittings in hilary term, 56 georoe III [1816]. Sittings at Guildhall. January 29, 1816 plomer and others v. long. (A payment by the obligor of u bond to the obligee to whom the obligor is also otherwise indebted cannot without some circumstance* to shew that it \\as intended to be made in discharge of the bond, be so applied in favour of the surety of the obligor in an action upon the bond under the plea of payment ) This was an action of debt on a bond, dated 7th May 1811, and conditioned for the payment of 1700 within one year. Pleas, non e^tfactum, and payment. This was a bond executed by General Lee, and Mr Long as his'faiirety, to secure to Plomer and Co who were the agents of General Lee, the sum of 1700, which was due to them at the date of the bond. Mr Long died in the year 1812, and General 1 HARK. 154. DOE V. ANDERSON 431 Lee in August 1H15, when the present action was commenced against Mrs Long, the executrix of the former [154] Topping for the defendant, proposed to shew that since the date of the bond, payments had been made by General Lee to the plaintiffs, exceeding the amount of the bond, and that though the general rule was, that the party receiving money has a right to make the application of it, in default of any direction to the contrary by the person paying it , yet in Neivmarch v Clay, 14 East,...
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