Legal Opinion

Seaverns v. Presbyterian Hospital

Illinois Supreme Court

Decided June 18, 1898PublishedCited by 17 opinions

Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.

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Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This was a proceeding brought by the Presbyterian Hospital of the city of Chicago, the defendant in error, to foreclose two mortgages,—one given by Mark S. Thompson to secure a note for §10,000, dated March 11, 1882, payable five years after date to the order of himself, and bearing interest at seven per cent per annum, on the west 14.24 feet of lot 7 and all of lots 8 and 9, in W. H. Adams’ subdivision of part of…

1Opinion of the CourtJustice Craig

First—Did the defendant in error have actual or constructive notice of the arrangement between Seaverns, the plaintiff in error, and Bogue & Co., that Bogue & Co. should pay off the first mortgages sought to be foreclosed, out of the $25,000, by reason of George M. Bogue being president of the hospital? The testimony shows that all the arrangements for the making of the $25,000 loan were between Hamilton B. Bogue and Seaverns. The talk when it is claimed the arrangement was made for paying off these first mortgages out of the $25,000 loan, was between Seaverns and Hamilton B. Bogue. George M.…

2Cases cited5 opinions

  1. Higgins v. LansinghIllinois Supreme Court · 1895
  2. Whitman v. FisherIllinois Supreme Court · 1874
  3. Franklin Savings Bank v. TaylorIllinois Supreme Court · 1890
  4. Cherry v. GreeneIllinois Supreme Court · 1886
  5. Duffy v. CalvertCourt of Appeals of Maryland · 1848

3Cited by17 opinions

  1. People ex rel. Deneen v. SimonIllinois Supreme Court · 1898
  2. Dickson v. New York Biscuit Co.Illinois Supreme Court · 1904
  3. Mutual Investment Co. v. WildmanAppellate Court of Illinois · 1913
  4. Sherman State Bank v. SmithAppellate Court of Illinois · 1927
  5. Knass v. Madison & Kedzie State BankAppellate Court of Illinois · 1933

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