Pitzele v. Cohn
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Holdom, Judge, presiding.
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Writ of Error to the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. JESSE Holdom, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by the defendants in error, against the plaintiffs in error, to foreclose a trust deed in the nature of a mortgage given by the plaintiffs in error to the defendant in error Newberger, as trustee, to secure the payment of a promissory note for $2000 and interest, bearing date March 28, 1900, payable to the order of defendant in error Cohn. An answer and…
1Opinion of the CourtJustice Hand
It is first contended by plaintiffs in error that the $2000 note secured by said trust deed sought to be foreclosed herein is without consideration, and that the execution thereof was obtained by reason of fraud and misrepresentation, it being urged "in support of such contention that at the time of the execution of said note and trust deed it was represented by H. Cohn to plaintiffs in error that he had not as yet been paid by the receiver of A. & N. Pitzele the dividends due him and his firm from their estate in the hands of said receiver, and that the said note and trust deed were given to…
2Cases cited3 opinions
- City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
- Phalen v. ClarkSupreme Court of Connecticut · 1849
- Guilfoil v. ArthurIllinois Supreme Court · 1895
3Cited by13 opinions
- Mills v. SusankaIllinois Supreme Court · 1946
- Shadden v. ZimmerleeIllinois Supreme Court · 1948
- Richards v. MusselmanSupreme Court of Virginia · 1980
- Sines v. HoldenArizona Supreme Court · 1961
- Messenger Publishing Co. v. MokstadAppellate Court of Illinois · 1930
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