Morgenstern v. Klees
Illinois Supreme Court
Peter Morgeesterk filed his bill in the St. Clair Circuit Court. Bill states, in substance, that one Peter Klees, in his lifetime, to wit, on the 16th of January, 1858, made, executed and delivered to said Morgenstern a writing obligatory, filed as an exhibit, for $2,500, payable eight years after that date, with interest, at the rate of eight per centum per annum, after the 18th day of January, 1859, for value received, interest payable yearly; and that the said Peter…
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Peter Morgeesterk filed his bill in the St. Clair Circuit Court. Bill states, in substance, that one Peter Klees, in his lifetime, to wit, on the 16th of January, 1858, made, executed and delivered to said Morgenstern a writing obligatory, filed as an exhibit, for $2,500, payable eight years after that date, with interest, at the rate of eight per centum per annum, after the 18th day of January, 1859, for value received, interest payable yearly; and that the said Peter Klees, and his wife, Elizabetha, (one of the appellees herein) simultaneously therewith executed and delivered to said…
1Opinion of the CourtWalker, J.
This was a bill to foreclose a mortgage executed by Peter and Elizabetha Klees, to appellant, to secure $2,500, due eight years after date, with eight per cent, interest per annum, to be paid annually. The bill proceeded for a foreclosure, of unpaid interest on the mortgage debt. A demurrer was interposed to the bill, which was sustained, and the bill dismissed at the costs of complainant. This appeal is prosecuted to reverse that decree.
The only question presented for consideration is, whether a bill can be maintained to foreclose for a default in the payment of interest due by stipulation,…
2Cited by9 opinions
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- Cooper v. Island Realty Co.Hawaii Supreme Court · 1904
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