National Park Bank v. Halle
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. Appellant filed its bill in equity, alleging the following facts: In the summer of 1887, Ferdinand E. Halle made two promissory notes, payable to the order of Isidor Cohnfield, for the accommodation of the latter.
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Appeal from the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. Appellant filed its bill in equity, alleging the following facts: In the summer of 1887, Ferdinand E. Halle made two promissory notes, payable to the order of Isidor Cohnfield, for the accommodation of the latter. One of the notes was for the sum of §3,556.17, dated July 22, 1887, and payable to Cohnfield’s order four months after date, at 83 Green street, in the city of New York; the other was for §4,378.59, dated July 29,1887, and payable to Cohnfield’s order four months after date, at the same place.…
1Opinion of the CourtGarnett, P. J.
We must decline to follow the leadings of counsel in their industrious examination into the intricacies of the doctrine of subrogation. To refute or approve what has been so well said on both sides of that question is wholly unnecessary, as the question of trust raised by appellant lies at the root of the case. The pleader who prepared the bill, by the allegation therein, undertakes to give the legal effect of the so called bill of sale, and charges that it was made as security to Halle, who was merely a surety so far as Cohnfield was concerned. But the instrument itself is an exhibit to the…
2Cases cited7 opinions
- Hampton v. PhippsSupreme Court of the United States · 1883
- Constant v. MattesonIllinois Supreme Court · 1859
- Smith v. GillamSupreme Court of Alabama · 1885
- Gaar, Scott & Co. v. HurdIllinois Supreme Court · 1879
- Jones v. Quinnipiack BankSupreme Court of Connecticut · 1860
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3Cited by4 opinions
- Crockett v. McLanahanTennessee Supreme Court · 1902
- Anderson v. PattyAppellate Court of Illinois · 1912
- Field v. BrokawAppellate Court of Illinois · 1891
- National Park Bank of New York v. HalleAppellate Court of Illinois · 1891