Preble v. Conger
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in chancenr, by Eber C. Preble, against Crayton H. Conger, Nathan H. Walworth, George B. Boberts, Morton B. Hull and Boswell H. Morgan, to enjoin Conger, Walworth & Co. from proceeding against a planing mill and machinery, under a chattel mortgage held by them.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was a bill in chancenr, by Eber C. Preble, against Crayton H. Conger, Nathan H. Walworth, George B. Boberts, Morton B. Hull and Boswell H. Morgan, to enjoin Conger, Walworth & Co. from proceeding against a planing mill and machinery, under a chattel mortgage held by them. Morgan once owned the property, subject to a chattel mortgage thereon to Jacob B. Shepherd & Co. for $7500. Conger, Walworth & Co. became guarantors for Decker & Morgan upon a contract with Tobias & Bice to build a hotel, that they…
1Opinion of the CourtJustice Sheldon
One ground of objection taken to the mortgage in question is, that it is fraudulent and void, as having been made with a view to hinder and delay creditors. An examination of the evidence shows that this objection is without foundation in the facts of the case.
Another, and the main ground of defense urged against the mortgage, is, that the appellees, Conger, Walworth & Co., are estopped from setting up the mortgage against the appellant, Preble, for the reason that, when he was about making the purchase of the mortgaged property, Conger, by his conduct, led Preble to suppose that he would not…
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