A payment in execution of a money decree falls short of the amount due. The decree, the debtor and the parties' agreement give no direction on appropriation. How may the decree-holder apply it under…
Question and options
A payment in execution of a money decree falls short of the amount due. The decree, the debtor and the parties' agreement give no direction on appropriation. How may the decree-holder apply it under the ordinary rule?
Apply it to interest, then costs, then principal
Apply it to principal, then costs, then interest
Apply half to principal and half to interest and costs
Apply three quarters to principal and one quarter to interest and costs
Answer and explanation
Absent a controlling direction or agreement, the decree-holder may apply the short payment first to interest, then to costs, and then to principal. Payment is not applied to principal first, and there is no rule splitting it in fixed proportions between principal and the other heads.
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