Ross v. Skinner
Appellate Court of Illinois
Foreclosure of a Mortgage.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. The facts deemed material in this case are in substance as follows : Appellant was indebted to appellee upon a note of $1,000, and gave as security for said debt an assignment of a lease, which appellant bad made to one Mark F. Madden on furniture and fixtures owned by her, and situated in an…
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Foreclosure of a Mortgage.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge presiding. Heard in the Branch Appellate Court at the March term, 1902. The facts deemed material in this case are in substance as follows : Appellant was indebted to appellee upon a note of $1,000, and gave as security for said debt an assignment of a lease, which appellant bad made to one Mark F. Madden on furniture and fixtures owned by her, and situated in an apartment building. Said Madden had been appointed receiver in a proceeding brought to foreclose a mortgage on the said…
1Opinion of the CourtJustice Freeman
The question presented in this case is whether the delivery of the two notes, one for $937 and the other for $563, guaranteed by appellant and her husband, in which was included the unpaid balance of $500 of the original $1,000 note was a payment of the last mentioned note, entitling appellant to a return of the lease which had been assigned to appellee to secure its payment. There is positive conflict of testimony, and we need not review it. The master found that the original debt had been paid by delivery of the new notes and that “appellant is not indebted in any way individually to the…
2Cases cited6 opinions
- Belleville Savings Bank v. BornmanIllinois Supreme Court · 1888
- Jansen v. GrimshawIllinois Supreme Court · 1888
- Hanke v. CobiskeyAppellate Court of Illinois · 1895
- Schwarze v. GreenbaumAppellate Court of Illinois · 1895
- Bradford v. Neill & Mahnke Construction Co.Appellate Court of Illinois · 1898
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