Loeb v. Stern
Illinois Supreme Court
" Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. ElBridge Hanegy, Judge, presiding.
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" Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. ElBridge Hanegy, Judge, presiding. This is an action of assumpsit, brought on January 6, 1898, in the circuit court of Cook county by the appellee, Fredericka Stern, administratrix with the will annexed of the estate of Marcus Stern, deceased, against the appellants, Sidney Loeb and August Gatzert, partners under the firm name of Loeb & Gatzert, upon the contract hereinafter mentioned. A general and special demurrer was filed to the original declaration and…
1Opinion of the Court
Per Curiam :
In deciding this case the Appellate Court delivered the following opinion:
“It is contended by the learned counsel for appellants that the agreement by which appellants undertook to buy back the mortgage notes in question at the election of Marcus Stern, is an option contract within the prohibition of section 130 of the Criminal Code. This contention cannot, we think, be sustained. The contract to buy back was contemporaneous with the purchase by Stern and part of the same transaction. The decision of the Supreme Court in Wolf v. National Bank, 178 Ill. 85, is in point and…
2Cases cited4 opinions
- Wolf v. National BankIllinois Supreme Court · 1899
- Ubben v. BinnianIllinois Supreme Court · 1899
- Donlevy v. MontgomeryIllinois Supreme Court · 1872
- Wight v. GardnerIllinois Supreme Court · 1872
3Cited by25 opinions
- Nationwide Advantage Mortgage Company v. OrtizAppellate Court of Illinois · 2012
- Du Quoin State Bank v. DaulbyAppellate Court of Illinois · 1983
- Parkway Bank and Trust Company v. KorzenAppellate Court of Illinois · 2013
- NAB Bank v. LaSalle Bank, N.A.Appellate Court of Illinois · 2013
- Potter County v. BoesenCourt of Appeals of Texas · 1917
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