Healy v. Protection Mutual Fire Insurance
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. TulEy, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. TulEy, Judge, presiding. This was a bill in chancery filed by the appellee in the circuit court of Cook county to foreclose a trust deed in the nature of a mortgage given to secure a series of promissory notes, upon which there remained due as principal the sum of $5300. After the bill was filed the appellant called upon appellee to ascertain the amount then due upon said notes and trust deed, including interest and costs, and the appellee…
1Opinion of the CourtJustice Hand
It is first contended by appellant that she is not liable for solicitor’s fees under the provisions of said trust deed. The provisions of this trust deed with reference to solicitor’s fees are, in substance, the same as the provisions of the trust deeds construed in Cheltenham Improvement Co. v. Whitehead, 128 Ill. 279, and Fuller v. Brown, 167 id. 293. It was held in each of those cases a solicitor’s fee was properly included in the decree of foreclosure, and the rule there announced is conclusive of the right of the appellee to recover a reasonable solicitor’s fee in this case.
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2Cases cited4 opinions
- Cheltenham Improvement Co. v. WhiteheadIllinois Supreme Court · 1889
- Goodwillie v. MillimannIllinois Supreme Court · 1870
- Crain v. McGoonIllinois Supreme Court · 1877
- Schnadt v. DavisIllinois Supreme Court · 1900
3Cited by3 opinions
- Robinson v. MillerIllinois Supreme Court · 1925
- Bennett v. Benton State BankAppellate Court of Illinois · 1928
- Thompson v. CrainsAppellate Court of Illinois · 1919