Gardner v. Diederichs
Illinois Supreme Court
Appeal from the Circuit Court of Grundy county; the Hon. Jesse 0. Sort on, Judge, presiding. On the 24th of February, 1860,1. B. Hymer & Co., a firm consisting of Isaac B. Hymer and Addison Weeks, being indebted to Bobert Diederichs and Bansom Gardner, severally, executed to the former their two promissory notes for the sum of $1,200 each, one payable one year and the other eighteen months after date, and to Gardner their two other notes, one for the sum of $1,500, payable…
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Appeal from the Circuit Court of Grundy county; the Hon. Jesse 0. Sort on, Judge, presiding. On the 24th of February, 1860,1. B. Hymer & Co., a firm consisting of Isaac B. Hymer and Addison Weeks, being indebted to Bobert Diederichs and Bansom Gardner, severally, executed to the former their two promissory notes for the sum of $1,200 each, one payable one year and the other eighteen months after date, and to Gardner their two other notes, one for the sum of $1,500, payable two years from date, and the other for $1,800, payable two years and six months from date; all the notes bearing interest…
1Opinion of the CourtJustice Lawrence
The notes to Diederichs and those to Gardner were secured by the same deed of trust, those to Diederichs falling due in twelve and eighteen months, those to Gardner in twenty-four and thirty months. But the interest on all the notes was payable annually. It has already been decided by this court, that, where several notes are secured by a mortgage, in the absence of any special provision to the contrary, the notes are entitled to payment from the proceeds of the mortgage in the order of their maturity. Vansant v. Allmon, 23 Ill. 35.
In that case, the note in controversy had been assigned, but…
2Cases cited1 opinion
- Sargent v. HoweIllinois Supreme Court · 1859
3Cited by8 opinions
- Kœster v. BurkeIllinois Supreme Court · 1876
- People ex rel. Kaskaskia Commons Permanent School Fund v. MitchellAppellate Court of Illinois · 1921
- Freeman v. ElliottMissouri Court of Appeals · 1891
- Kuppenheimer v. Chicago Title & Trust Co.Appellate Court of Illinois · 1911
- Marseilles Manufacturing Co. v. Rockford Plow Co.Appellate Court of Illinois · 1888
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