Fish v. Glover
Illinois Supreme Court
Appeal' from the Appellate Court for. the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding.
Read the full summary
Appeal' from the Appellate Court for. the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. This is a judgment by confession for $8578.00, entered on November 25, 1890, in open court, in favor of the appellee, Henry T. Glover, against the appellants, Peter Fish and James T. Young, upon a judgment note for $8000.00, dated Chicago, November 20, 1889, payable to the order of appellee in one year with interest at the rate of 8 per cent per annum, which note was secured by a trust deed of the same date, executed…
1Opinion of the Court
Magruder, J.:
The position of the appellants in this case is, that, when the mortgagors and makers of the note secured by the mortgage, namely, Fish and Young, appellants herein, conveyed the mortgaged property to Thompson, and the latter, in the deed made to him, assumed the mortgage debt and agreed to pay it, the appellants were no longer principal debtors to appellee, but were mere sureties; and that, by the failure and refusal of appellee to foreclose the mortgage when the property was sufficient in value to pay the debt, and to bring any suit in accordance with the notice served upon him,…
2Cases cited14 opinions
- Shepherd v. MaySupreme Court of the United States · 1885
- George v. AndrewsCourt of Appeals of Maryland · 1883
- Flower v. ElwoodIllinois Supreme Court · 1872
- Corbett v. WatermanSupreme Court of Iowa · 1860
- Eddy v. TraverNew York Court of Chancery · 1837
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- JPMorgan Chase Bank, N.A. v. Earth Foods, Inc.Illinois Supreme Court · 2010
- Webster v. FlemingIllinois Supreme Court · 1899
- Barchard v. KohnIllinois Supreme Court · 1895
- Prudential Insurance Co. of America v. BassIllinois Supreme Court · 1934
- In re ShoesmithCourt of Appeals for the Seventh Circuit · 1905
18 more not listed; retrieve them via the Exa API.