Unlike the debtor, the creditor is not confined to the tin when the payment is made for his appropriation. It is with settled that he is not required to make his choice immediate except in a few jurisdictions where the rule of the Civil law applied, which requires the creditor to make an immediate ele tion or lose his choice.21 The length of time allowed his varies, however, in different jurisdictions. In some, no delay seems excessive;22 in others, he may make his choice before controversy arises;23 in others, before the bringing of an as tion.24 In California and a few States which have copied its legislation the creditor must act within a "reasonable time." 24a After application has once been made, neither party can change it without the assent of the other,25 which may be given by ratifying an application theretofore unwarranted,26 and the debtor's long continued silence after receiving notice from the creditor of such an application may amount to ratification.27

Rohan v. Hanson, 11 Cush. 44; Bondy v. Hardina, 210 Mass. 44, 102 N. E. 935; First Nat. Bank of North Bend v. Miltonberger, 33 Neb. 847, 51 N. W. 232; Dunbar v. Garrity, 58 N. H. 575; Adams v. Mahnken, 41 N. J. Eq. 332, 7 Atl. 435; Greene v. Tyler, 39 Pa. 361; Backman v. Wright, 27 Vt. 187, 65 Am. Dec. 187. But see Philpott v. Jones, 2 Ad. & El. 41.

19 McWhorter v. Bluthenthal, 136 Ala. 568, 33 So. 552, 96 Am. St. Rep. 43; Kline v. Ragland, 47 Ark. Ill, 14 S. W. 474; Schwartz v. Dashiff, 92 Conn. 135, 101 Atl. 580; Richardson v. Coddington, 49 Mich. 1, 12 N. W. 886; Missouri Central Lumber Co. v. Stewart, 78 Mo. App. 456; Parks v. Ingram, 22 N. H. 283, 55 Am. Dec. 153; Niagara Bank v. Rosevelt, 9 Cow. 409; Law v. Sutherland, 5 Gratt. 357. A payment cannot be appropriated to advances not then made. Petroutsa v. H. C, Schrader Co. (Fla.), 80 So. 486.

20 Citizens & Southern Bank v. Armstrong (Ga. App.), 95 S. E. 729; Wetmore & Morse Granite Co. v. Ryle (Vt.), 107 Atl. 109.

21 See Gass v. Stinson, 3 Sumner, 98;

Pattison v. Hull, 9 Cow. 747; Gastc v. Barney, 11 Ohio St. 506, 512.

22 Peters v. Anderson, 5 Taunt. 596 Philpott v. Jones, 2 A. & E. 41; Cory Steamship Mecca, [1897] A. C. 28t Seymour v. Pickett, [1905] 1 K. B. 715 Pearce v. Walker, 103 Ala. 250, 1 So. 568; California Bank v. Webb, 9 N. Y. 467; Brice v. Hamilton, 12 S Car. 32.

23 United States v. Kirkpatrick, 1 Wheat. 720, 6 L. Ed. 199; Nationa Bank v. Mechanics' Nat. Bank, 94 U S. 437, 439, 24 L. Ed. 176; In re American Paper Co., 255 Fed. 121; Lazarus v. Freidheim, 51 Ark. 371,11S. W. 518; Battle v. Jennings Naval Stores Co. (Fla.), 75 So. 949; Austin v. Southern Home Building, etc., Assoc., 122 Ga. 439, 50 S. E. 382; Applegate v. Koons, 74 Ind. 247; Conduitt v. Ryan, 3 Ind. App. 1, 29 N. E. 160; Milliken v. Tufts, 31 Me. 497; Grasser etc. Brewing Co. v. Rogers, 112 Mich. 112, 70 N. W. 445, 67 Am. St, Rep. 389; Benson v. Reinshagen, 75 N. J. Eq. 358, 72 A. 954; Chapman v. Commonwealth, 25 Gratt. 721, 21 Am. Rep. 320; Norris v. Beaty, 6 W. Va. 477.