Dana v. Buckeye Coal & Coke Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Peoria County; the Hon. S. S. Page, Judge, presiding.
1Opinion of the CourtLacey, J.
The questions presented by this record are: 1. Did the power to appellant given by the Buckeye Coke & Coal Co. to hypothecate the bonds, authorize him to make a contract empowering the pledgee to sell the bonds at public or private sale without notice to the company? 2. Even if such power was included in the agency to hypothecate, was the sale under the circumstances fraudulent? 3. And could the appellant fake any greater rights from his alleged purchase and any greater interest in the bonds than would belong to a surety who pays a debt secured by collaterals in case no pretended sale of the…
2Cases cited2 opinions
- Union Trust Co. v. RigdonIllinois Supreme Court · 1879
- Joliet Iron & Steel Co. v. Scioto Fire Brick Co.Illinois Supreme Court · 1876
3Cited by1 opinion
- Laclede National Bank v. RichardsonSupreme Court of Missouri · 1900