Legal Opinion

Prussing v. Lancaster

Illinois Supreme Court

Decided April 23, 1908PublishedCited by 18 opinions

Appear from the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Axér Chytraus, Judge, presiding.

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Appear from the Appellate Court for the First District ;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Axér Chytraus, Judge, presiding. This was a bill in chancery filed on the first day of August, 1898, by the appellees against the appellants, in the superior court of Cook county, to foreclose a trust deed bearing date January 5, 1892, given by Nimrod Lancaster and Charles E. Springer to the appellee Eugene E. Prussing, as trustee, upon certain unimproved real estate belonging to Nimrod Lancaster, situated in the city of Chicago, to secure the payment of…

1Opinion of the CourtChief Justice Hand

The contention made in this court by the appellants is, that on July i, 1897, interest was paid upon said promissory note in advance until January 5, 1898, the eEect of which, it is insisted, was to release said premises from the lien of said trust deed. The promissory note secured by said trust deed was introduced in evidence before the master, and there appeared endorsed thereon: “July 1, 1897.—Interest paid to July 5, 1897.—Interest paid to Jan’y 5, 1898,”—and such endorsement is relied upon by the appellants to establish an extension of the time of payment of said indebtedness so as to…

2Cases cited4 opinions

  1. Shepherd v. MaySupreme Court of the United States · 1885
  2. Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
  3. New York Life Ins. Co. v. . CaseyNew York Court of Appeals · 1904
  4. Benneson v. SavageIllinois Supreme Court · 1889

3Cited by18 opinions

  1. Owsley v. NeevesAppellate Court of Illinois · 1913
  2. Bothman v. LindstromAppellate Court of Illinois · 1921
  3. Powell v. VoightIllinois Supreme Court · 1932
  4. Massman v. DuffyAppellate Court of Illinois · 1947
  5. Straus v. BrackenAppellate Court of Illinois · 1926

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