[IDEM libro uicensimo nono digestorum. ] §46.3.89.prEx pluribus causis et chirographis creditor ita cauit: 'Titius Maeuius dico me accepisse et habere et accepto tulisse a Gaio Titio reliquum omne ratione posita eius pecuniae, quam mihi Stichus Gaii Titii seruus cauerat'. quaesitum est, an ex ceteris chirographis, quae non Stichus cauit, sed ipse debitor, integra manet actio ex reliquis chirographis per ipsum debitorem cautis.
[The same, in the twenty-ninth book of the Digests.] of several transactions and hand-written bonds, a creditor executed a receipt as follows: 'I, Titius Maevius, declare that, having cast the account of that money which Stichus, the slave of Gaius Titius, had promised me, I have received, hold, and have entered as received from Gaius Titius the entire balance.' The question was asked whether, on the other hand-written bonds which not Stichus but the debtor himself executed, that is, on the remaining hand-written bonds executed by the debtor himself, the action remains unimpaired.
respondit eam solam obligationem dissolutam, ex qua solutum proponeretur. §46.3.89.1Lucius Titius ex duobus chirographis, quibus quadringenta ei a Seio debebantur, altero centum, altero trecentum, scripsit Seio, ut unius chirographi centum per Maeuium et Septicium sibi mitterentur: quaero, an Seius, si Maeuio et Septicio ex trecentum quoque soluisse se dicat, liberatus sit.
He answered that only that obligation was discharged, in respect of which payment was alleged to have been made. Titius, on the basis of two hand-written bonds by which four hundred was owed to him by Seius—one for one hundred, the other for three hundred—wrote to Seius that the one hundred of the one bond should be sent to him through Maevius and Septicius. I ask whether Seius is released if he says that he has paid Maevius and Septicius from the three hundred as well.
respondit, si nec mandauit, ut ex trecentum solueretur, nec solutum ratum habuit, non esse liberatum. §46.3.89.2Lucius Titius duabus stipulationibus, una quindecim sub usuris maioribus, altera uiginti sub usuris leuioribus Seium eadem die obligauit, ita ut uiginti prius soluerentur, id est idibus Septembribus: debitor post diem utriusque stipulationis cedentem soluit uiginti sex neque dictum est ab altero, pro qua stipulatione solueretur.
He answered that, if he neither authorized payment to be made from the three hundred nor ratified the payment, he is not released. Titius on the same day bound Seius by two stipulations, one for fifteen under higher interest, the other for twenty under lower interest, in such a way that the twenty should be paid first, that is, on the Ides of September. The debtor paid twenty-six after the due date of both stipulations had arrived, and nothing was said by either party as to which stipulation the payment was being made for.
quaero, an quod solutum est eam stipulationem exonerauerit, cuius dies ante cessit, id est ut uiginti sortis soluta uideantur et in usuras eorum sex data.
I ask whether what was paid discharged that stipulation whose due date arrived first, that is, so that twenty is deemed paid on the principal and six applied to its interest.
respondit magis id accipi ex usu esse.
He answered that it is more in accordance with practice to accept this view.