Legal Opinion

Fidelity Mutual Life Insurance v. Harris Trust & Savings Bank

Court of Appeals for the Seventh Circuit

Decided December 12, 1995No. 95-1884PublishedCited by 1 opinion

1Opinion of the Court

POSNER, Chief Judge.

The appeal in this diversity suit presents issues of Illinois property and contract law. In 1986 the plaintiff, Fidelity, made a $3.6 million loan to an Illinois land trust that held title to a commercial property. The trustee was an Illinois bank, the beneficiary a partnership, Kaiser Investments. The loan was secured by a mortgage on the property, but in addition Kaiser Investments executed a *1308“Borrower’s Affidavit” that contained a number of warranties and representations designed to induce Fidelity to make the loan. One of the paragraphs of the affidavit states that…

2Cases cited11 opinions

  1. People v. Chicago Title & Trust Co.Illinois Supreme Court · 1979
  2. Harms v. SpragueIllinois Supreme Court · 1984
  3. Tepfer v. Deerfield Savings & Loan Ass'nAppellate Court of Illinois · 1983
  4. In the Matter of Wheaton Oaks Office Partners Limited Partnership, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  5. De Kalb Bank v. PurdyAppellate Court of Illinois · 1988

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3Cited by1 opinion

  1. Fidelity Mutual Life Insurance Company v. Harris Trust And Savings BankCourt of Appeals for the Seventh Circuit · 1995

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