Reports of Cases Argued And Determined in the Supreme Court of the State of Illinois 2 (December Term, 1832, to December Term, 1839)
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Moore, 34 Me. 112. See, also, Brockschniidt v. Hagebusch, 72 111. 562. Application by the creditor may be implied from circumstances. Truscott t'.King-, 6 N. Y. 147; Webb »._ Dickinson, 11 Wend. 62. In the absence of an application by either the debtor or the creditor, the Court will make such application as justice and equity require. Bayley v. Wvnkoop, 5 Gilm. 449; Jones r. Benedict, 83 N. Y. 79; Griswold r."Bank, 93'X. Y. 301; Ayer r-. Hawlrins, 12 Vt. 26; Chester v. Wheelwright. 15 Conn. 56...2; Harker r. Conrad, 12 Serg. & R. 301; Bacon r. Brown, 1 Bibb, 334: Pierce v. Knight, 81 Vt. 701; Allen t'. Culver, 3 Den. 284; Oliver r. Phelps, 20 N. J. L. 180; Youmans v. Heartt, 34 Mich. 397; Field v. Hol- land, 10 U. S. (6 Cr.) 8. Application will be made to that debt for which the security is most pre- carious. Wilhelm r. Schmidt, 84 111. 183; Bowen v. Fridley, 8 Bradw. 595; Hansen v. Eounsavell, 74 111. 238; Chester v. Wheelwright, 15 Conn. 562. Many courts make such application as is considered most beneficial to the debtor; and, generally, payments are applied to debts first due.
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