Towner v. McClelland
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding.
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Writ of Error to the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of Kane county; the Hon. C. W. Upton, Judge, presiding. On October 21, 1870, Edward S. Wilcox and wife sold and conveyed to Ichabod S. Bartlett ten acres of land in the city of Elgin, for $3600. Bartlett paid in cash $1000, and executed his dour notes for the balance,—two notes of $500 each due in one year, $800 due in two years, and one for $800 due in three years after date, all with ten per cent interest, and secured by q, mortgage on the land, of the same date, which was…
1Opinion of the CourtJustice Walker
What are the rights of the parties on the facts in this case ? Did defendant in error acquire title to these notes, or either of them, when he purchased of Kribs ? As to the note overdue, we think not. The case of Foley v. Smith, 6 Wall. 492, was where the payee of a note left it with a bank for collection. It was indorsed in blank, and not having been paid at maturity, an officer of the bank, after it was due, fraudulently sold the note, and it was held that the note, being over-due, and the bank having no power to sell it, the purchaser took no title to the note,—that the note being…
2Cases cited2 opinions
- Olds v. CummingsIllinois Supreme Court · 1863
- Foley v. SmithSupreme Court of the United States · 1868
3Cited by26 opinions
- McAuliffe v. ReuterIllinois Supreme Court · 1897
- Shippen v. WhittierIllinois Supreme Court · 1886
- Buehler v. McCormickIllinois Supreme Court · 1897
- Bartholf v. BensleyIllinois Supreme Court · 1908
- Morgan v. Farmington Coal & Coke Co.West Virginia Supreme Court · 1924
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