Legal Opinion

Boyer v. Chandler

Illinois Supreme Court

Decided January 20, 1896PublishedCited by 24 opinions

Appeal from the Circuit Court of Cook county; the Hon. Teco mas G. Windes, Judge, presiding. On April 1, 1892, one George R. Allen executed his deed of trust to Frank R. Chandler on lot 23, in a certain subdivision of a tract of land in Chicago, to secure his promissory note of even date therewith for $3500, payable to Allen’s own order, maturing five years after date and bearing interest at six per cent, payable semi-annually, on the first days of April and October in each…

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Appeal from the Circuit Court of Cook county; the Hon. Teco mas G. Windes, Judge, presiding. On April 1, 1892, one George R. Allen executed his deed of trust to Frank R. Chandler on lot 23, in a certain subdivision of a tract of land in Chicago, to secure his promissory note of even date therewith for $3500, payable to Allen’s own order, maturing five years after date and bearing interest at six per cent, payable semi-annually, on the first days of April and October in each year until paid, evidenced by ten coupon notes of $105 each. The deed of trust provided that it was given for the…

1Per curiam

The complainants below, the Chandlers,

by their bill sought to foreclose the deed'of trust given by George R. Allen to them as to the three first coupon or interest notes. It is not sought to affect or lessen the security as to the principal note and the two remaining coupon notes. The holder of a note due is not required to wait until the other notes secured by the same mortgage are due before he takes steps to enforce his security. In Morgenstern v. Klees, 30 Ill. 422, the bill proceeded for a foreclosure for unpaid interest on the mortgage debt. The court said: “The practice is too well…

2Cases cited4 opinions

  1. Harper v. ElyIllinois Supreme Court · 1873
  2. Morgenstern v. KleesIllinois Supreme Court · 1863
  3. Bonham v. GallowayIllinois Supreme Court · 1851
  4. Bressler v. MartinIllinois Supreme Court · 1890

3Cited by24 opinions

  1. Northern Trust Co. v. SanfordIllinois Supreme Court · 1923
  2. Cody Trust Co. v. Hotel Clayton Co.Appellate Court of Illinois · 1937
  3. Miami Mortgage & Guaranty Co. v. DrawdySupreme Court of Florida · 1930
  4. Fraser v. FlemingMichigan Supreme Court · 1916
  5. Hotel Management Co. v. KricklSupreme Court of Florida · 1934

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