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34 Ill. App. 523

Loughry v. Mail

Appellate Court of Illinois

Decided February 4, 1890

Appellate Court of Illinois · decided 1890-02-04

William 0. Jones, Judge, presiding. George Loughry was indebted to Isaac D. Mail in the sum of §95.57 on a promissory note, on which Joseph Loughry was surety. Mail recovered judgment against Geo. and Jos. Loughry for that amount. Execution was issued and delivered to Allen Swim, constable, on October 13, 1877. Joseph Loughry paid $50 on that judgment and costs December 13, 1877.

Cited by 2 later decisions — most recently February 1909

2 state decisions

Relies on Seymour v. Haines

Good law ✅— No negative treatment on recordhow we know

Decided 1890-02-04

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Phillips, J.

¶1Where a collecting officer receives a payment of a debt in his hands for collection, it is to the amount of the payment a satisfaction of the debt. The constable had in his hands an execution against Geo. and Jos. Loughry, and a payment made by either of them, or by one in behalf of either of them is, to the amount of such payment, a satisfaction of the debt. Seymour v. Haines, 104 Ill. 562.

¶2What was testified to by a witness, since deceased, where the same subject-matter and the same parties are involved, may be shown by those who heard and recollect the testimony.

¶3That proof of payment by those making the payment, or by those who witnessed the payment, is admissible as primary evidence, not depending for its admissibility on the payment being indorsed on the execution, or on being paid over by the constable to the plaintiff in execution. The court erred in excluding the testimony offered.

¶4The judgment is reversed and the cause remanded.

¶5Reversed and remanded.

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