Sprague, Warner & Co. v. Hazenwinkle

Citations

• 53 Ill. 419

Syllabus

<p>1. Instructions—should he based on the evidence. It is not error to refuse an instruction which is not based on the evidence.</p> <p>. 3. Payments—of their application. A creditor has the right to appropriate payments made on an account generally, where no specific directions have been given to apply them.</p> <p>3. Same—presumption as to thevr application. Where payments are made upon an open account, or there are several distinct debts existing, and neither the debtor nor the creditor has made any specific application of the payments, it would seem to be a reasonable presumption that the first items, or the debt first in point of time, should be first discharged.</p>