Hansen v. Rounsavell
Illinois Supreme Court
Writ oe Error to the Circuit Court of Cook county ; the Hon. W. W. Heaton, Judge, presiding. Hans L. Hansen and Anton J. Wulff, on the 5th day of February, 1872, entered into an agreement with Richard C. Rounsavell whereby, in consideration of Rounsavell’s having granted to Hansen and Wulff the right to purchase from Rounsavell the JEtna sewing machines for the sale thereof within the county of Cook, in this State, Hansen and Wulff agreed to deal in said machines sold by…
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Writ oe Error to the Circuit Court of Cook county ; the Hon. W. W. Heaton, Judge, presiding. Hans L. Hansen and Anton J. Wulff, on the 5th day of February, 1872, entered into an agreement with Richard C. Rounsavell whereby, in consideration of Rounsavell’s having granted to Hansen and Wulff the right to purchase from Rounsavell the JEtna sewing machines for the sale thereof within the county of Cook, in this State, Hansen and Wulff agreed to deal in said machines sold by Rounsavell, and Rounsavell agreed to furnish machines, and Hansen and Wulff agreed, among other things, to pay Eounsavell…
1Opinion of the CourtJustice Sheldon
The question made is, on the propriety of the instruction which was given for the plaintiff. It is objected to it, that it withdrew from the jury the question of the agreement; that it assumed that there was no agreement for the application of the payments, or if so, that it was of no importance; that there must have been a direction, to be of avail.
We are of opinion that appellant in his objection attaches undue force to the word “ direction.” We apprehend that the expression of a wish on the part of a debtor how a payment should be applied, would amount to a direction to that effect. A…
2Cases cited2 opinions
- Tayloe v. T. & S. SandifordSupreme Court of the United States · 1822
- Sprague, Warner & Co. v. HazenwinkleIllinois Supreme Court · 1870
3Cited by17 opinions
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- Gile Grocery Co. v. LachmundOregon Supreme Court · 1915
- Saffer v. LambertAppellate Court of Illinois · 1903
- Bray v. CrainTexas Supreme Court · 1883
- Estate of Stone v. Central Republic Bank & Trust Co.Wisconsin Supreme Court · 1933
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