Lewis v. Pease

Citations

• 85 Ill. 31

Syllabus

<p>Payment—right as to its application. Where, at the lime of sending a draft, the sender was, as a member of a firm, indebted to the party to whom the draft was sent, in several notes, most of which were then due and bearing interest, and also, in two individual notes, not then due, and maturing some time afterwards, and which bore no interest before maturity, and the debtor, at the time of sending the draft, directed the creditor to hold the amount until advised as to its application, and stating that his partner would send a statement of matters in a few days, and such partner did afterwards write, giving a statement as to the firm notes, with their interest up to the time of sending the draft, and the other debtor made no other direction for several months after, and not until the creditor had applied the draft upon the firm notes, it was held, that the creditor was, under the circumstances, justified in making the application he did, and being rightfully made, it could not be repudiated by the debtor afterwards.</p>