Legal Opinion

Chandler v. Green

Appellate Court of Illinois

Decided April 4, 1902Published

Foreclosure of Trust Deeds.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This is an appeal from a decree entered ir the consolidated causes of Chandler v. Bennett et al., and Green v. Bennett et al.

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Foreclosure of Trust Deeds.—Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This is an appeal from a decree entered ir the consolidated causes of Chandler v. Bennett et al., and Green v. Bennett et al. The bill in the first named case was filed by the appellant, Frank E. Chandler, to foreclose a trust deed executed by Bennett and Smith, for certain coupons, subject to the continuing lien of the same trust deed for the principal debt; that in the second was filed by the appellee, Hetty H. E.…

1Opinion of the CourtJustice Waterman

Frank R. Chandler,, as successor in trust under the mortgage deed, deeming that for the protection of the holder of the security additional insurance was needed, procured the same at a cost of $37.27 and sent the policies to Hetty H. R. Green as such holder; she did not think the additional insurance necessary and returned the policies, declining to pay the premiums.

As none of the oestuis que trust desired this insurance and all not only object to paying for the same but have received no benefit therefrom, we think the chancellor properly disallowed the claim of Chandler therefor.

A trustee is…

2Cases cited7 opinions

  1. Ketchum v. DuncanSupreme Court of the United States · 1878
  2. Ex Parte KarstendickSupreme Court of the United States · 1876
  3. King v. CushmanIllinois Supreme Court · 1866
  4. O'Halloran v. FitzgeraldIllinois Supreme Court · 1873
  5. Gillett v. Insurance Co. of North AmericaAppellate Court of Illinois · 1891

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