Bronson v. American Type Founders Co.
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook county; the Hon. Thomas Q. Wihdes, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.
1Opinion of the CourtJustice Baker
This is an action at law and the question presented is, whether by the purchase of and transfer to the mortgagee of the printing press in question the mortgage was extinguished and the debt thereby secured paid by operation of law. A similar question was before our Supreme Court in Merritt v. Niles, 25 Ill. 282.
In that case Merritt gave a chattel mortgage upon a printing press to one Horner and a second mortgage thereon to Niles. The press before either mortgage became due was sold on an execution against the mortgagor to Niles, the holder of the second mortgage, who paid off the first…
2Cases cited1 opinion
- Merritt v. NilesIllinois Supreme Court · 1861
3Cited by1 opinion
- West v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914