Bridges v. Barrett
Appellate Court of Illinois
Bill to enforce lien, etc. Appeal from the Superior Court of Cook County; the Hon. Marcus Kayanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellants are residents of Memphis, Shelby county, Tennessee.
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Bill to enforce lien, etc. Appeal from the Superior Court of Cook County; the Hon. Marcus Kayanagh, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. Appellants are residents of Memphis, Shelby county, Tennessee. On the 22nd of August, 1904, they filed their bill of complaint in the Superior Court of Cook county, reciting in substance that April 20, 1904, appellee H. C. Loeb, also of Memphis, Tennessee, was indebted to them in the sum of $2,294, and that he executed and delivered to them two promissory notes of that date, each for $1,147,…
1Opinion of the CourtJustice Freeman
It is suggested by counsel for appellees, though not urged, that the proceeding in this case was irregular; but it does not seem to be seriously contended that a bill in equity may not lie in a case of this kind. Assuming therefore that such a bill may be maintained where there are successive liens or incumbrances upon mortgaged property, the question is whether under the averments of the bill appellants are entitled to the relief sought. It is contended in their behalf that personal property taken temporarily out of the state in the regular course of the owner’s business to be thereafter…
2Cases cited5 opinions
- Ames Iron Works v. WarrenIndiana Supreme Court · 1881
- Golden v. CockrilSupreme Court of Kansas · 1862
- Martin v. L. Potter & Co.Supreme Court of Vermont · 1861
- Bank v. Hill, Fontaine & Co.Tennessee Supreme Court · 1897
- Coward v. CulverTennessee Supreme Court · 1873
3Cited by4 opinions
- Hoyt v. ZibellCourt of Appeals for the Seventh Circuit · 1919
- Mosko v. SmithWyoming Supreme Court · 1947
- Harrison v. State Bank of HullAppellate Court of Illinois · 1976
- Doumas v. MormellaAppellate Court of Illinois · 1929