Loughry v. Mail
Appellate Court of Illinois
Appeal from the Circuit Court of Crawford County: the Hon. William 0. Jones, Judge, presiding. George Loughry was indebted to Isaac D. Mail in the sum of §95.57 on a promissory note, on which Joseph Loughry was surety. Mail recovered judgment against Geo. and Jos. Loughry for that amount.
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Appeal from the Circuit Court of Crawford County: the Hon. William 0. Jones, Judge, presiding. George Loughry was indebted to Isaac D. Mail in the sum of §95.57 on a promissory note, on which Joseph Loughry was surety. Mail recovered judgment against Geo. and Jos. Loughry for that amount. Execution was issued and delivered to Allen Swim, constable, on October 13, 1877. Joseph Loughry paid $50 on that judgment and costs December 13, 1877. On January 11, 1878, by order of plaintiff, that execution was returned, and on March 2, 1878, alias execution was issued and delivered to constable Swim,…
1Opinion of the CourtPhillips, J.
Where a collecting officer receives a payment of a debt in his hands for collection, it is to the amount of the payment a satisfaction of the debt. The constable had in his hands an execution against Geo. and Jos. Loughry, and a payment made by either of them, or by one in behalf of either of them is, to the amount of such payment, a satisfaction of the debt. Seymour v. Haines, 104 Ill. 562.
What was testified to by a witness, since deceased, where the same subject-matter and the same parties are involved, may be shown by those who heard and recollect the testimony.
That proof of payment by…
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