Legal Opinion

Devens v. Normal Park Loan Ass'n

Appellate Court of Illinois

Decided March 29, 1901Published

Bill for Relief.—Appeal from the Circuit Court of Cook County; the H n. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—Appellant and her husband filed their bill and amended bill of complaint alleging inter alia that February 1,1891, said Emma J. Devens applied to appellee for a loan of $975, to be secured upon real estate occupied by appellants as a dwelling place; that appellee by its agents informed them that…

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Bill for Relief.—Appeal from the Circuit Court of Cook County; the H n. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—Appellant and her husband filed their bill and amended bill of complaint alleging inter alia that February 1,1891, said Emma J. Devens applied to appellee for a loan of $975, to be secured upon real estate occupied by appellants as a dwelling place; that appellee by its agents informed them that the loan would be made on terms requiring payment of $1,300 in monthly installments of principal and interest amounting to…

1Opinion of the CourtJustice Freeman

The controversy over matters of fact relates principally to the representations which are alleged to have been made to appellants as to the amount that they would have to pay in order to discharge the debt to the association. But the bond, mortgage and assignment of stock were all signed after the alleged representations were made, and the evidence does not excuse the ignorance of which appellants complain; nor is there any preponderance in their favor that any false or misleading representations were made. It was appellants’ duty to inform themselves accurately and know what Mrs. Devens was…

2Cases cited1 opinion

  1. Vierling v. Mechanics' & Traders' Savings, etc. Ass'nIllinois Supreme Court · 1899

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