McIntire v. Yates
Illinois Supreme Court
Wbit of Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding.
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Wbit of Error to the Appellate Court for the Second District ;—heard in that court on writ of error to the Circuit Court of Peoria county; the Hon. John Burns, Judge, presiding. The firm of Neill, McGrew & Co., of Peoria, being indebted in a large amount to the Mechanics’ National Bank of Peoria, and to Kingman, Blossom & Co., T. J. McGrew, a partner in the firm of Neill, McGrew & Co., to secure the same, executed to one Yates his note for $75,000, and at the same time a mortgage on his lands to secure its payment. It was stated in this note that it was “to include and secure only the legal…
1Opinion of the CourtJustice Craig
The first point relied upon to reverse the decree is, that “it was error not to allow the defence of want of consideration to the foreclosure of the trust deed, in the cross-bills of Alice Kilduff and the Second National Bank. ” The trust deed was given by T. J. McGrew to J. S. Lee, on the 18th day of June, 1879, on certain property in Peoria county, to secure the payment of two notes, for $10,000 each, payable to T. Neill, due in one and two years, with ten per cent interest. Neill negotiated a loan of $20,000 from the Second National Bank, and assigned these notes and mortgage, in due…
2Cases cited3 opinions
- Work v. BraytonIndiana Supreme Court · 1854
- Manning v. McClureIllinois Supreme Court · 1865
- Mix v. National BankIllinois Supreme Court · 1878
3Cited by24 opinions
- Young v. ClappIllinois Supreme Court · 1892
- Franklin Savings Bank v. TaylorCourt of Appeals for the Seventh Circuit · 1893
- Telford v. GarrelsIllinois Supreme Court · 1890
- Kitzer v. KitzerAppellate Court of Illinois · 1974
- Marks v. PopeIllinois Supreme Court · 1939
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