Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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see also Clark v. Wheeler, 81 N.H. 34, 121 A. 588 (1923) ("If the law, instead of the parties, is to make the application, the principles of equity are to be recognized . . . . And the law infers that the parties intended a just application at the time of payment. (citations omitted)."); Snide v. Larrow, 62 N.Y.2d 633, 464 N.E.2d 480, 481 (1984) (The payment is presumed to be applied to the portion of debt first becoming due.); Fatland v.Wentworth Irwin, Inc., 149 Or. 277, 283-284, 40 P.2d 68 (1935) (When debts are not separate but constitute part of a general account and there is no application of payment by either party, a presumption, in absence of evidence to the contrary, is that payments made and entered into the account extinguished the earliest debts.); T. Dan Kolker, Inc. v. Shure, 209 Md. 290,121 A.2d 223 (1956) (If neither party makes application of the payment, the law may apply the payment "according to the justice of the case and usually to the payment of the earliest and most onerous debt.").

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