Legal Opinion
Calumet & Chicago Canal & Dock Co. v. Davis
Appellate Court of Illinois
Decided April 30, 1920No. Gen. No. 25,144PublishedCited by 3 opinions
Appeal from the Circuit Court of Cook county; the Hon. Merbitt W. Pinckney, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
1Opinion of the CourtJustice Gridley
The main contention of counsel for the Dock Company is that it was error for the court to decree that Davis, trustee, recover the sum of $46,397.46 from the Dock Company, and for the reason that $30,215.86 of the $35,000 borrowed was used for the purpose of paying off Conkling’s past due note secured by the Hagey mortgage, and the Dock Company is entitled to be subrogated to the rights of the owner of that incumbrance.
In 1 Jones on Mortgages, sec. 874c, it is said:
“One who loans money on a. defective mortgage for the purpose of discharging a prior valid mortgage upon the same property, and…
2Cases cited37 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Home Savings Bank v. BierstadtIllinois Supreme Court · 1897
- McJilton v. LoveIllinois Supreme Court · 1851
32 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rhodes v. SiglerAppellate Court of Illinois · 1976
- Williamsburg Village Owners' Ass'n v. Lauder AssociatesAppellate Court of Illinois · 1990
- Healy v. WostenbergWyoming Supreme Court · 1934