It would be impossible to presume a complete payment of the residue of the debt, because upon the ground contended for by the defence (to wit: that an appropriation by Boswell, as administrator, of funds in his hands as such, to the claims of Cox’s representatives in his hands for collection, as agent for the' latter, was in law and equity equivalent to an actual payment to the representatives of Cox) the testimony of Egner shows distinctly that the five hundred dollars in Arkansas Bank notes, which Boswell had deposited in the Bank at Batesville, were not included in the sum with which the Cox debt was to be paid, and with equal distinctness that the two or three hundred dollars that Fowler had collected from McHenry were included in that sum, and it cannot be taken that this two or three hundred dollars had been at that time paid over by Fowler to Boswell, because, if so there could be no reason to discriminate between money then on ■hand, and that which had been collected by Fowler from McHenry, which is so emphatically made and repeated by Egner in his •deposition, and there is no evidence at all in the record that this, -or any other sum of money was ever paid to Boswell by Fowler!

Byers v. Fowler, 14 Ark. 86 (Arkansas, July 1, 1853)

Times reported as typo: 0