Stockton v. Fortune
Appellate Court of Illinois
Foreclosure, of trust deeds. Trial in the Circuit Court of Cook County; the Hon. Edward F. Dunnk, Judge, presiding. Hearing and decree for defendant; appeal by complainants. Heard in this court at the October term, 1898.
1Opinion of the CourtJustice Sears
In order to hold that the payment by appellee to Adams was effective as a payment to appellants, it must be found either that Adams was in fact authorized by appellants to receive the payment, or that he was put in such apparent authority by acts of appellants as would preclude them from now denying his authority.
In passing upon the first question, viz., whether Adams was in fact authorized by appellants to receive this payment, we have to consider two questions: first, whether the receivingof the payment was within the scope of any general agency of Adams; and, secondly, if not, whether…
2Cases cited7 opinions
- Smith v. . KiddNew York Court of Appeals · 1877
- Noble v. NugentIllinois Supreme Court · 1878
- Cooley v. WillardIllinois Supreme Court · 1864
- Thornton v. LawtherIllinois Supreme Court · 1897
- Garrels v. MortonAppellate Court of Illinois · 1888
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3Cited by3 opinions
- County of Ada v. ClarkIdaho Supreme Court · 1927
- Leon v. McIntyreAppellate Court of Illinois · 1900
- Strey v. PliemlengAppellate Court of Illinois · 1920