Appropriation of payment to be in accordance with debtor's intent, sec 923.

Intent to be inferred from circumstances, sec 924.

Insolvent distribution must be equal, sec 925.

Right is one which third parties cannot exercise, sec 926.

If debtor does not appropriate, creditor may do so, sec 927.

By Roman law, creditor is regarded as the debtor's agent in appropriation, sec 928.

In our law this agency is not recognized, sec 929.

Creditor may appropriate to debts not recoverable, sec 930.

Debts overdue preferred, sec 931.

Creditor's election continues until communicated, sec 932.

In accounts where there is no designation, first debt is to be paid, sec 933.

In other cases, the law divides equitably, sec 934.

II. Partial Payment.

Receipt for less sum may extinguish debt if there be distinctive consideration, sec 935.

Plaintiff, by suing part of claim to judgment, may extinguish the whole, sec 936.

Fractional payment may extinguish larger unliquidated claim, sec 937.

III. Receipts. Receipt open to explanation by parol, sec 938.

Receipts may estop as to third parties, sec 939. One of several joint receivers may show that the money was received by his associates, sec 940. Releases must be under seal, or must have consideration, sec 941.

IV. Payment by and to Agents, Executors, Trustees, and Joint Debtors.

Payment by third party on behalf of debtor may discharge debt, sec 942. Payment to an agent is payment to principal, sec 943. So of payment to solicitor or attorney, sec 944. Factors and auctioneers may receive payment, but not brokers, sec 945. Payment to partner is payment to firm, sec 946. Executors may give receipts, sec 947. Trustees have only limited power to receipt, sec 948. Payment by one joint debtor discharges the other, sec 949. Payment to one joint creditor releases debt, sec 950. Joint deposit in bank can only be drawn out by joint order, sec 951. Purchase by stranger may be to take assignment of debt, sec 952.