Rae v. Homestead Loan & Guaranty Co
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. John Gibbons, Judge, presiding.
Read the full summary
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. John Gibbons, Judge, presiding. Appellee filed a bill to foreclose a certain mortgage upon certain property therein described, in which it was recited that the defendants became indebted to the complainant in the sum of §4900, which was to be paid in ten years from the date of the mortgage in gold coin of the United States of the then standard weight and fineness. The bill alleges that the defendants made default in payment of one or more of the…
1Opinion of the CourtJustice Phillips
The elaborate and able argument for appellants can not be considered on what appears from this record, as the decree does not find or require judgment in any particular kind of money, but finds a sum due in dollars and cents. Even if it were assumed that contracts of this character could not be sustained, still, by the final decree the appellants are not prejudiced,—they cannot be heard to complain in an appellate tribunal. If the character of monejT' in which payment is contracted to be made be rejected from the contract, still the liability for payment in some kind of legal tender would…
2Cited by2 opinions
- Dorr v. HunterIllinois Supreme Court · 1899
- Dorr v. HunterAppellate Court of Illinois · 1899