Fortier v. Darst
Illinois Supreme Court
Weit of Error to the Circuit Court of Peoria county, the Hon. S. L. KichmoND, Judge, presiding. Jacob Darst exhibited his bill in chancery in the court below, against Bartholomew Portier, James McFadden, and another.
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Weit of Error to the Circuit Court of Peoria county, the Hon. S. L. KichmoND, Judge, presiding. Jacob Darst exhibited his bill in chancery in the court below, against Bartholomew Portier, James McFadden, and another. From the statements in the bill, and the evidence adduced on the hearing, it appears that on the 17th of April, 1849, McFadden, being indebted to Fortier in the sum of four thousand dollars, executed his four promissory notes for one thousand dollars each; and on the same day, to secure those notes, McFadden executed and delivered to Fortier a mortgage upon certain real estate,…
1Opinion of the Court
Mr. Chiee Justice CatoN
delivered the opinion of the Court.
We have here presented a most offensive exhibition of human depravity and dishonesty on the part of Papin, at least, if not of Darst. Fortier, an ignorant and evidently confiding man, placed in the hands of Papin, this mortgage and notes, for collection, in order to avoid further vexation and expense in their prosecution; and agreed to give him one-third of the proceeds in consideration that Papin should take all trouble, and pay all expense. In violation of the trust and confidence reposed in him, he sets himself to work to get a tax…
2Cited by10 opinions
- Commercial National Bank v. BurchIllinois Supreme Court · 1892
- Badgley v. VotrainIllinois Supreme Court · 1873
- Harper v. SalleeIllinois Supreme Court · 1940
- Sumner v. WaughIllinois Supreme Court · 1869
- Maghee v. RobinsonIllinois Supreme Court · 1881
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