Legal Opinion

Cook v. Meyers

Illinois Supreme Court

Decided April 3, 1897PublishedCited by 5 opinions

Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding.

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Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is a bill, filed to foreclose a mortgage dated June 25, 1888, executed by Charles M. Cook, now deceased, in his lifetime, and Florence N. Cook, his wife, to John Hassett, who filed the original bill herein, but has died since the commencement of this suit, conveying a certain lot in Chicago for the purpose of securing two notes of the same date, made by the said Charles M. Cook to the said John Hassett, one for…

1Opinion of the CourtChief Justice Magruder

It is claimed by plaintiffs in error, that the sums of $2145.00 and $1500.00 represent purchase money, paid by Hassett for the two notes against the Beaver, Wight & Wetmore Company which were assigned to him, and that, inasmuch as the moneys represented by the notes for $2145.00 and $1500.00 were paid by Hassett for the purchase of the Beaver, Wight & Wetmore notes, the notes, secured by the mortgage herein sought to be foreclosed, are without consideration; and that Cook not only owes Hassett nothing, but that Hassett is indebted to Cook for the difference between the two notes for $2145.00…

2Cases cited4 opinions

  1. Beach v. MillerIllinois Supreme Court · 1889
  2. Phalen v. ClarkSupreme Court of Connecticut · 1849
  3. Bishop v. American Preservers' Co.Illinois Supreme Court · 1895
  4. Miller v. MarckleIllinois Supreme Court · 1859

3Cited by5 opinions

  1. Brady v. HorvathIllinois Supreme Court · 1897
  2. Shortall v. Fitzsimons & Connell Co.Appellate Court of Illinois · 1901
  3. Kaufman v. SorrelsAppellate Court of Illinois · 1911
  4. Gunn v. WilliamsAppellate Court of Illinois · 1927
  5. Wiltz v. ClassenAppellate Court of Illinois · 1910

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