Jackson v. Bailey
Illinois Supreme Court
Bailey sued Jackson before a justice of the peace, in two suits at the same time, one for the balance due upon a note amounting to $10 85, and the other, to recover the amount of an account for $18 00. Judgment was rendered, by default in both cases, as follows: for $10 85 on the note, and for $8 00 on the account. Jackson paid the amount of the judgment on the account, and took an appeal from the judgment upon the note to the Circuit Court.
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Bailey sued Jackson before a justice of the peace, in two suits at the same time, one for the balance due upon a note amounting to $10 85, and the other, to recover the amount of an account for $18 00. Judgment was rendered, by default in both cases, as follows: for $10 85 on the note, and for $8 00 on the account. Jackson paid the amount of the judgment on the account, and took an appeal from the judgment upon the note to the Circuit Court. On the hearing in the Circuit Court, it appeared that Jackson had paid Bailey ten dollars, which he directed should be endorsed upon the note; instead of…
1Opinion of the CourtTreat, C. J.
We think the Court erred in not allowing the debtor credit, for the amount claimed to have been paid on the note. The amount in controversy was received by the creditor, with the written directions of the debtor to apply it on the note. It was, therefore, accepted as a payment on the note. It was, jpro tanto, a discharge of that particular indebtedness. It was the clear right of the debtor so to appropriate the money. He expressly exercised the right, and the creditor, in accepting the money, received it in part satisfaction of the note. The instant it was received, the. note, to that extent,…
2Cited by3 opinions
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- Bonnell v. WilderIllinois Supreme Court · 1873
- Hahn v. GeigerAppellate Court of Illinois · 1901