The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-04-30

dSsiEuuaont 10 LOT the Oeue VI .A1@
itors generally, in which the banks enilre
claim is preferred. The assignee, l., makes
dividend payments to the bank upon us
aggregated claim, without any oirecuons
as to whether such payments shoulo oe
applied by the bank to any particular item
or part OF its claim, or not: Held, that ID
such case, whether the assignee gave any
directions or not as to the application 10 De
made by the bank of the payments mace
by him, the lao applies the payments mace
by the assignee pro rata among ana De-
tween all OF the different unpaid obllga-
tlons or evidences of Indebtedness nelo oy
the creditor against such principal assign
ing debtor, without regard to any seniority
IS between such evidences OF Indebtedness
in date or maturity; Held FURTHER, that the
creditor, in such case, had no right, with or
without directions from the assignee as to
the application of his payments, to apply
them otherwise than pro rata as credits
upon the different unpaid evidences OF In
debtedness held ny such creditor against
the assigning principal debtor; He'd
further, that the payments made by the
assignee, in such case should be applied
pro rata among all of the different unpaid
evidences of Indebtedness held by the
creditor against the assigning principal
debtor, notwithstanding the fact that tor
some OF his evidences of Indebtedness the
creditor may hold other distinct and inGe-
pendent collateral securities pledged to him
by the debtor prior 10 his assignment as
security for such distinct items of his
claim. The payments made by the assignee
should he applied pro rata TO those items
Of the creditors claim for which he holds
independent collateral securities, as well as
10 all the other different evidences OF his
claim.
9. The general rule is, that creditor,
who holds several obligations or claims
against his debtor, has the right to apply
payment made to him by the debtor to
either Of the obligations he holds, unless
The debtor at the time OF making the pay
ment directs its application, which right
the deb'Or has in every case. But this rule
is confined to cases OF voluntary payments
by the debtor himself, and does not apply
10 payments mace IN incituna, or to pay
ments made by an assignee or trustee,
acting under deed of assignment by the
debtor for the benefit of his creditors gen.
orally. In the latter cases the lao makes
the application of the payments pro rata TO
all the separate obligations Of the debtor
in the proportion that the aggregated
claims of the creditor bears to the amount
of the payment made; and this, too,
whether the creditor for some parts of his
claim holds other independent collateral
securities or not.
3. Where debtor owes his creditor
several different obligations, and for some
Of them pledges other independent coI|at-
eral securities, and then fails In business
| and assigns all his effects in trust for the
benefit of his creditors generally, the cred
itor has the right to apply collections
made by him out of such collateral secu-
rites 10 those specific portions Of his claim
for the security of which such collaterals
were pledged, to the exclusion of other
obligations of the debtor held by him that
did not enter into the pledge of such col
laterals.
f. Where an accommodation endOrser ie
sued upon his endorsement, and pleads
payment, under such plea he has the right
to gel the benefit OF, and to establish by
proofs, any credits that the claim sued
upon is legally entitled to, that may have
been paid thereon by the principal debtor,
or by an assignee acting under deed Of
assignment made by the principal debtor
for The benefit of his creditors generally
and, under such plea, has the right to have
payments made by such assignee to the
SUNG creditor equitably pro rated among
all OF the different obligations held by such
creditor against such principal debtor, as
we'll to those upon which he is endorser as
to all The others held by the creditor.
Judgment reversed.
c. P. & J. G. Cooper, for Appellant; A
w. Ccckrell & Son, Tor Appellets.
Frank Reeves, Fl Unfit in Error, VS.. The
| State of F:o:ita. DEE idsnt in Error
Wakulla county.
MABRY, j.:
l. A demurrer TO replication to piles
in abatement will reach The plea if delec-
tive.
2. The greatest accuracy and precision
are required in pleas in abatement merely
setting up irregularities 10 the selection OF
drawing Of Jurors, and such pleas must be
free from uncertainty or ambiguity.
3. The statute (Section /, Chapter 1928,
Boards of County Commissioners to selec
from the list OF registered voters In iheil
respective counties Jury list of person!
properly qualified 10 serve 30 jurors il
directory and should said Commissioner
meeting mentioned in the statute, it woult
be compt tent for them TO do 30 at subse
lquent meeting.
i T. The provision of the statute, supra
that the Boards of County Commissioner
shall select from the registered voters o
. their respective counties a list of tire,
hundred persons properly qualified Il
serve as jurors, who shall be such person
only as said Commissioners know, or have
good reason TO believe. ale OF approves
integrity, fair character, sound judgmen
and intelligence, provided that in an,
counties OF this State said Commissioner
shall not be able to select the number re-
quired, they shall be authorized to selec
less number, but said number to be tn
highest possible, invests such Boards wit
: authority 10 pass upon the integrity, char
acter, Judgment and intelligence of tn
persons to be selected as jurors, and in tn
absence of an illegal purpose, fraud or cor
ruption in the selection of less numbe