Ortmeier v. Ivory
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on .appeal from the Circuit Court of Jo Daviess county; the Hon. James S. Baume, Judge, presiding. On September 26, 1901, Patrick Ivory, the appellee, filed a bill in the circuit court of Jo Daviess county to foreclose a mortgage upon certain lands in that county. Henry Ortmeier, Lotta Ortmeier, Martin M. Mitchell, Luther Geddings, August Gerke and Herman Janssen were made parties defendant.
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Appeal from the Appellate Court for the Second District;—heard in that court on .appeal from the Circuit Court of Jo Daviess county; the Hon. James S. Baume, Judge, presiding. On September 26, 1901, Patrick Ivory, the appellee, filed a bill in the circuit court of Jo Daviess county to foreclose a mortgage upon certain lands in that county. Henry Ortmeier, Lotta Ortmeier, Martin M. Mitchell, Luther Geddings, August Gerke and Herman Janssen were made parties defendant. The complainant after-wards dismissed his bill as to the defendants Martin Mitchell and Luther Geddings. . The remaining…
1Opinion of the CourtJustice Scott
The evidence is not sufficient to show that Louis A. Rowley was the agent of Patrick Ivory to collect. It appears that Ivory told him he had §1200 to loan, and requested him to find a place for it. Shortly afterward Ortmeier applied to Rowley for a loan, and Rowley took his note for §1200, payable to Ivory, secured by a real estate mortgage. When Ortmeier delivered his note and mortgage to Rowley the latter paid over the money, and Ivory did not part with his funds until Rowley delivered the note and mortgage to him at a later time. It would appear, therefore, that Rowley advanced his own…
2Cases cited1 opinion
- Cooley v. WillardIllinois Supreme Court · 1864
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- Masters v. MastersAppellate Court of Illinois · 1928