Whitcomb v. Duell
Appellate Court of Illinois
Memorandum.—Foreclosure proceedings. Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding.
1Opinion of the CourtJustice Gary
This is a bill filed by the appellant to foreclose a mortgage made by Duell to O. F. Woodruff to secure her note to him, ivhich note Woodruff assigned to the appellant. The defense Avas that the note Avas given Avithout consideration, •Avhich, if true, is conceded to be a good defense to this foreclosure suit. Mullanphy v. Schott, 135 Ill. 655; Scott v. Magloughlin, 133 Ill. 33.
On a reference to a master he found that the note was given for a consideration. The court sustained exceptions to the report and dismissed the bill. The case is presented to us exactly as it was to the Circuit Court.…
2Cases cited3 opinions
- Mullanphy Savings Bank v. SchottIllinois Supreme Court · 1891
- Howard v. ScottSupreme Court of Vermont · 1877
- Scott v. MagloughlinIllinois Supreme Court · 1890
3Cited by4 opinions
- Bartholomae & Roesing Brewing & Malting Co. v. SchroederAppellate Court of Illinois · 1897
- Green v. HedenbergAppellate Court of Illinois · 1894
- Hudek v. EnnesserAppellate Court of Illinois · 1896
- Ricardi Apartment House Co. v. BeaudetAppellate Court of Illinois · 1896