Legal Opinion

Napieralski v. Simon

Illinois Supreme Court

Decided October 25, 1902PublishedCited by 5 opinions

Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. ,

1Opinion of the CourtJustice Carter

The appellee, Simon, brought his bill in the circuit court of Cook county to set aside a fraudulent release, made by Theodore H. Schintz, the trustee of a trust deed, and to foreclose said trust deed as a mortgage. The court dismissed the bill on the hearing, but on appeal the Appellate Court reversed the decree and remanded the cause, with directions to enter a decree in accordance with the master’s report, which recomménded á decree as prayed in the bill.

The facts, in substance, are, that on October 23, 1886, the appellant Anton NajHeralski obtained from Schintz a loan of §3000 by giving…

2Cases cited3 opinions

  1. Olds v. CummingsIllinois Supreme Court · 1863
  2. Towner v. McClellandIllinois Supreme Court · 1884
  3. Schultz v. SroelowitzIllinois Supreme Court · 1901

3Cited by5 opinions

  1. Johnson v. HoweSupreme Court of Minnesota · 1929
  2. Gemkow v. LinkIllinois Supreme Court · 1906
  3. Doster v. OulveyAppellate Court of Illinois · 1924
  4. Chetlain v. De GrazieIllinois Circuit Court · 1907
  5. Wilderman v. VilligerAppellate Court of Illinois · 1924

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