Neal v. Handley

Citations

• 116 Ill. 418
• 6 N.E. 45

Syllabus

<p>1. Evidence—receipt in full, as evidence of payment—evidence to overcome the same. A receipt purporting to be in full payment of a judgment or decree, is evidence of such payment, which can only be overcome by a clear preponderance of evidence.</p> <p>2. Payment—of a sum less than the amount due—as a satisfaction. The rule of law that the payment of a less sum of money can not be pleaded in satisfaction of a larger sum, is confined to the case of the payment of or agreement to pay a less sum of money, merely, and does not apply to the case of the payment of a less sum of money and some other thing.</p> <p>3. So where a party paid $100 and gave a cow to' one in full satisfaction of a judgment against him for $200, which was accepted as such, and a receipt given him for the $200 in full, and the attorney of the plaintiff in the judgment sued out an execution thereon, giving credit of $140 on the same, under which the defendant’s land, without any notice to him, was sold, it was held, that the sale was properly set aside in equity.</p>