
    PENN vs. LEWIS.
    1. The supreme court will not interfere with the verdicts of juries, found upon the weight of evidence where no instructions have been asked.
    ERROR TO SALINE CIRCUIT COURT.
    Stringeellow for plaintiff.
    The payee had the right to give the c redit on such note as he pleased, and the offset ought to have been rejected, at all events, the $45 for the horses and spoons ought to have been rejected, as it was argued that this amount should go as a credit upon another note. Whereas, in this case the former creditor had several demands, as to such payments ’as were not directed by the debtor to be especially applied the court will make the appropriations upon principles of justice and will so apply the payment as not to injuriously affect the rights of third parties. In this case; to apply the payment as done by the circuit court would be a fraud upon the assignee. 15 Wendell 19; 9 Cowen 409, 420, 747.
   Scott, judge,

delivered the opinion of the court.

This was an action of assumpsit brought by Penn against the defendants in error on an. assigned promissory note. The cause was submitted to the court sitting as a jury. No instructions were asked and we are only required to review the finding of the court on the evidence.

The judge who heard the witnesses testify, knows best what weight is due to their evidence, and this case falls within that numerous list in which it has been held that this court will not interfere with the verdicts of juries.

The other judges concurring, the judgment will be affirmed.  