Hammond v. Will

Citations

• 60 Ill. 404

Syllabus

<p>1. Jud&mbnt — probable cause. The judgment of a justice of the peace against the landlord in case of a distress for rent, on the ground that a check had been drawn for more than the sum due, and delivered to, and was still held by, the landlord’s agent, but had been offered to be returned to the drawer, a'nd refused, cancelled the rent, is not conclusive of the want of probable cause for distraining.</p> <p>2. Same — as evidence. A judgment against the landlord, in such a case, is only prima facie evidence of probable cause, which may be rebutted.</p> <p>3. In such a case, where the tenant had abandoned the premises of his own accord and drew a check for a few dollars more than was due for a month’s rent, and sent it to the agent of the landlord, with a view of terminating the lease by having it received as the amount due to a date after the month’s rent was due, and to thus estop the landlord from claiming rent for the balance of the term, but the agent refused to accept it and offered to return it, and never presented it for payment: Held, that these facts showed probable cause for distraining for the month’s rent which was due, and that there were not grounds for maintaining an action for maliciously, and without probable cause, suing out and levying a distress warrant for rent due.</p>