1. Originally, a mark upon the ear — a mode of marking sheep and other animals. [Cases: Animals
5. C.J.S. Animals § 15.]
“When now-a-days we say that ‘money has no ear-mark,’ we are alluding to a practice which in all probability played a large part in ancient law. Cattle were ear-marked or branded, and this enabled their owner to swear that they were his in whosesoever hands he might find them. The legal supposition is, not that one ox is indistinguishable from another ox, but that all oxen, or all oxen of a certain large class, are equivalent. The possibility of using them as money has rested on this supposition.” 2 Frederick Pollock & Frederic W. Maitland, History of English Law Before the Time of Edward I 151–52 (2d ed. 1899).
2. A mark put on something (such as a coin) to distinguish it from another.
earmark, vb.
1. To mark with an earmark.
2. To set aside for a specific purpose or recipient.
EARMARKING DOCTRINE
earmarking doctrine. Bankruptcy. An equitable principle that when a new lender makes a loan to enable a debtor to pay off a specified creditor, the funds are specifically set aside for that creditor so that, if the debtor lacks control over the disposition of the funds, they do not become part of the debtor’s estate and thus subject to a preference. [Cases: Bankruptcy 2610. C.J.S. Bankruptcy § 136.]
