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MAYOR, &C. OF ALEXANDRIA v. PATTEN AND OTHERS

Not in source.

8 U.S. 317 (1808)

4 Cranch 317

2 L.Ed. 633

THE MAYOR AND COMMONALTY OF ALEXANDRIA, v. PATTEN AND OTHERS.

Supreme Court of United States.

March 7, 1808.

Attorney(s) appearing for the Case

Swann, for plaintiffs in error.

Youngs, contra.

MARSHALL, Ch. J. after stating the case, delivered the opinion of the court, as follows:

It is a clear principle of law, that a person owing money on two several accounts, as upon bond and simple contract, may elect to apply his payments to which account he pleases; but if he fails to make the application, the election passes from him to the creditor. No principle is recollected which obliges the creditor to make this election...

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