Dorr v. Hunter
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First" District;- — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. Amy Hunter, the appellee, filed a bill to foreclose a deed of trust on certain property in Chicago.
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Appeal from the Branch Appellate Court for the First" District;- — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. Amy Hunter, the appellee, filed a bill to foreclose a deed of trust on certain property in Chicago. The bill alleges that Eliza Dorr and George W. Dorr, on or about September 20, 1895, made their joint and several promissory note, payable to their own order, for -the sum, of $4500, five years after date, with interest at six per cent per annum, payable semi-annually, on the 20th days of March and September of each…
1Opinion of the CourtJustice Craig
It will be observed that the decree rendered in this case does not require the amount found to be due on the notes and mortgage to be paid in gold coin of the United States,' but merely directs the payment of a certain sum of money within a specified time. The case is therefore one in all respects like Rae v. Homestead Loan Co. 178 Ill. 369, where we held that the alleged invalidity of a mortgage contract, based upon the ground that it called for payment in gold, cannot be considered on appeal from foreclosure proceedings, where the decree merely finds the amount due in dollars and cents,…
2Cases cited5 opinions
- Bronson v. RodesSupreme Court of the United States · 1869
- Gregory v. MorrisSupreme Court of the United States · 1878
- Belford v. WoodwardIllinois Supreme Court · 1895
- McGoon v. ShirkIllinois Supreme Court · 1870
- Rae v. Homestead Loan & Guaranty CoIllinois Supreme Court · 1899
3Cited by1 opinion
- Beach v. PeabodyIllinois Supreme Court · 1900