Larmon v. Carpenter
Citations
- 70 Ill. 549
Syllabus
<p>1. Debt—when it lies. The action of debt lies whenever indebitatus assumpsit will lie, and is a concurrent remedy. To maintain debt upon a specialty, the instrument must show upon its face an undertaking to pay a sum certain to a specified person, and at a certain time.</p> <p>2. An action of debt will not lie upon an ordinary chattel mortgage which contains no promise, undertaking or covenant, by the mortgagor, to pay the money secured by it.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- a receiver should not be appointed where the sale of mortgaged property was sufficient to pay the debt
- If mortgaged premises sell for an amount sufficient to satisfy judgment, receiver should not be appointed. If receiver was previously appointed, he should be discharged and his collections remitted to the mortgagor when the sale satisfies the judgment.
Source: CourtListener parenthetical corpus (CC0).
Judges: Breese
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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