Brosseau v. Lowy
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. P. Vail, Judge, presiding. The question presented by this suit is the determination of the priority of two certain mortgages or trust deeds.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. P. Vail, Judge, presiding. The question presented by this suit is the determination of the priority of two certain mortgages or trust deeds. The suit was brought June 20,1900, by the appellee, Haiman Lowy, in the circuit court of Cook county, to foreclose a trust deed executed by George Gillespie to Anton Boenert, as trustee, to secure the payment of three promissory notes, aggregating $8000, executed by said Gillespie, payable to his own order and by…
1Opinion of the CourtJustice Ricks
Appellant contends that the transfer of the Gillespie notes and trust deed in question by Anton Boenert to appellee, Lowy, as security, was without the knowledge or authority of Auguste Boenert, who seems to have been the owner. On the part of appellee, Lowy, it is contended that such action on the part of Anton Boenert was with the authority and as the agent of his wife, Auguste, and there is evidence in the record to support such contention. The trial court, in the opinion attached to appellant’s brief and based on the same evidence here presented, also states: “The proof also tends to show…
2Cases cited5 opinions
- Comstock v. HittIllinois Supreme Court · 1865
- Carlton v. JacksonMassachusetts Supreme Judicial Court · 1877
- Lloyd v. SanduskyIllinois Supreme Court · 1903
- Lilly v. PalmerIllinois Supreme Court · 1869
- Winans v. WilkieMichigan Supreme Court · 1879
3Cited by16 opinions
- White v. SchaderCalifornia Supreme Court · 1921
- United States Bond & Mortgage Co. v. KeaheySupreme Court of Oklahoma · 1916
- Rooks Creek Evangelical Lutheran Church v. First Lutheran ChurchIllinois Supreme Court · 1919
- Albee v. GrossAppellate Court of Illinois · 1928
- Midland Savings & Loan Co. v. NeighborSupreme Court of Oklahoma · 1916
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