A bond was given, and payments made under it. One party sought to say that the payments must be applied as against the first items secured or in full satisfaction.
Held: The rule that payments made were to be applied against the first debts could be set aside by the actions of the parties showing a contrary intention, particularly where the bond was intended as a continuing security.
Citations:
(1843) 4 QB 792, [1843] 1 Dav and Mer 160, [1843] 7 Jur 1058, [1843] 114 ER 1095
Jurisdiction:
England and Wales
Contract
Updated: 01 December 2022; Ref: scu.229291
