Cassidy v. Cook
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. On the 7th of March, 1870, Cassidy borrowed from the Sullivant Savings Institution $16,000, and gave therefor his note, payable five years after date, with interest at the rate of 9 per cent per annum, payable semi-annually, and to secure the payment of the same he and his wife executed to Frank E. Chandler a deed, conveying to him, as trustee, a tract of land described in the deed as…
Read the full summary
Writ of Error to the Superior Court of Cook county; the Hon. S. M. Moore, Judge, presiding. On the 7th of March, 1870, Cassidy borrowed from the Sullivant Savings Institution $16,000, and gave therefor his note, payable five years after date, with interest at the rate of 9 per cent per annum, payable semi-annually, and to secure the payment of the same he and his wife executed to Frank E. Chandler a deed, conveying to him, as trustee, a tract of land described in the deed as “ lot 30, Ellis’ east addition to Chicago, fronting on Langley and Thirty-eighth streets and Johnson Place, in Chicago.…
1Opinion of the CourtJustice Dickey
It is claimed that the complainant can not be allowed to insist that it was the duty of the trustee to offer this property in parcels, inasmuch as he had, by his own deed, authorized him “ to sell said premises entire, without division, or in parcels,” as he might “think best.” This does not necessarily follow. The power given, by its very terms, implies that the trustee assumed the duty of thinking on the subject, and that he should adopt that course which he should think would be best to secure a good price. It does not mean that the trustee may do as he may please, or that he may do that…
2Cited by3 opinions
- Bank of New Brockton v. DunnavantSupreme Court of Alabama · 1920
- Gray v. RobertsonIllinois Supreme Court · 1898
- Heirs of Hastings v. DorranceIllinois Circuit Court · 1904