Hill v. Gregory
Hill v. Gregory, Wythe 73 (1790), was a case that discussed whether a creditor could choose how to apply a payment among a debtor's different accounts in the absence of specific directions from the debtor.
Fendall Southerland held a bill of exchange and a bond issued by Carter Braxton (the listed defendant, Roger Gregory, was executor of Southerland's estate). James Hill endorsed the bill of exchange, and so was also liable to Southerland for any amount of that bill that Braxton could not cover.
The Court's Decision
- George Wythe, Decisions of Cases in Virginia by the High Court of Chancery, (Richmond: Printed by Thomas Nicolson, 1795), 73.