Chicago Title & Trust Co. v. Brugger
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard iu that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. The Chicago Title and Trust Company filed in the superior court of Cook county its bill to foreclose a trust deed to Theodore H. Schintz, trustee, dated November 1, 1893, executed by Johann Gebhardt Gmeiner and wife.
Read the full summary
Writ op Error to the Appellate Court for the First District;—heard iu that court on appeal from the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. The Chicago Title and Trust Company filed in the superior court of Cook county its bill to foreclose a trust deed to Theodore H. Schintz, trustee, dated November 1, 1893, executed by Johann Gebhardt Gmeiner and wife. Gmeiner and wife made no defense and were defaulted, but appellee, Joseph Brugger, who was made a defendant, appeared, and by answer and cross-bill claimed to be the owner of the trust deed and the notes…
1Opinion of the CourtJustice Ricks
It is conceded in this case that Schintz had no title to the note and trust deed and that he fraudulently transferred the same to the trust company. Such being the case, it rested upon the trust company to show that it took the paper in good faith, without notice, for value, before maturity and in the usual course of business. (Hide and Leather Bank v. Alexander, 184 Ill. 416.) There was an endorsement on the note and trust deed iu unmistakable terms, and by Schintz as a trustee, that Brugger was the legal holder of the note. The purport of this endorsement was so plain that it immediately…
2Cases cited1 opinion
- Hide & Leather National Bank v. AlexanderIllinois Supreme Court · 1900
3Cited by8 opinions
- Ownes v. NagelIllinois Supreme Court · 1929
- Schmahl v. Aurora National BankAppellate Court of Illinois · 1941
- Henshaw v. State BankIllinois Supreme Court · 1909
- Ragan v. WardellCourt of Appeals for the D.C. Circuit · 1937
- Sherman State Bank v. SmithIllinois Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.