Hare v. Stegall

Citations

• 60 Ill. 380

Syllabus

<p>1. Payments — how applied. Where a debtor owes a creditor several debts, and makes payments, he lias the right to direct their application to any one or more of the debts he may choose; but if lie makes payments and gives no directions, then the creditor may apply them as he may choose; and when such payments are made, and neither party makes the application, the law will appty them in the manner most advautagous to tlie creditor, as it will be presumed he would, had he made an election, have so applied them.</p> <p>2. Where a creditor holds two debts against another, and one is secured and the other is not, and payments have been made by the debtor, and there is no evidence that he directed their application, and no evidence of how they were applied, it will be presumed that they were credited on the debt for which he held no security.</p> <p>3. Rent — distress—•abandonment of premises. Where a tenant removes from or abandons the leased premises, the statute gives the landlord the-right to distrain for rent due, and also for that to become due. Nor will it affect the landlord’s'right if the tenant gives notice that he intends to leave. He can not, by such means, deprive the landlord of his right to distrain.</p> <p>4.Replevin — distress for rent. The action of replevin may be brought to try the legality of a distress for rent, provided there is no sum whatever due for rent; but if any sum, however small, is due, and the distress is for a greater sum, or is excessive in regard to the quantity of goods taken, or otherwise irregular, the remedy must be by case.</p>