Lawn Savings & Loan Ass'n v. Quinn

225 N.E.2d 683, 81 Ill. App. 2d 304, 1967 Ill. App. LEXIS 914
CourtAppellate Court of Illinois
DecidedMarch 17, 1967
DocketGen. 50,419 and 51,000
StatusPublished
Cited by18 cases

This text of 225 N.E.2d 683 (Lawn Savings & Loan Ass'n v. Quinn) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawn Savings & Loan Ass'n v. Quinn, 225 N.E.2d 683, 81 Ill. App. 2d 304, 1967 Ill. App. LEXIS 914 (Ill. Ct. App. 1967).

Opinion

MR. JUSTICE MCCORMICK

delivered the opinion of the court.

In the case of Lawn Savings and Loan Association, plaintiff, v. Howard B. Quinn and La Salle National Bank, as trustee, under trust No. 28563, et al., defendants (our No. 50,419), a judgment was entered in the Circuit Court of Cook County in favor of the plaintiff, Lawn Savings and Loan Association, against defendants, Howard B. Quinn and La Salle National Bank.

In the case of Howard B. Quinn and Charlotte J. Quinn, plaintiffs, against Lawn Savings and. Loan Association, La Salle National Bank, as trustee, under trust No. 28563, and Federal Savings & Loan Insurance Corporation (our No. 51,000), a judgment was entered against the plaintiffs and in favor of the defendants. The two cases were consolidated in this court, and we will first discuss Lawn Savings and Loan Ass’n v. Howard B. Quinn and La Salle National Bank, as trustee, our No. 50,419.

The appeal arises out of orders entered in the course of a proceeding to foreclose a real estate mortgage. No evidence was introduced. The defendant, Howard B. Quinn (hereinafter called Quinn), was the holder of a certificate of beneficial interest under a trust agreement in which the defendant, La Salle National Bank (hereinafter called La Salle), was the trustee of a land trust of which Quinn was the beneficiary. La Salle executed a mortgage note and mortgage to plaintiff, Lawn Savings and Loan Association (hereinafter called Lawn); when the Lawn mortgage went into default Lawn filed a complaint to foreclose against La Salle, Quinn, and a number of unpaid mechanics’ lien claimants. The certificate of beneficial interest had been pledged by Quinn to Beverly Savings and Loan Association (hereinafter called Beverly), a party defendant, as security for a loan. Beverly was also the lessee of a portion of the premises which had been constructed on the trust res. Beverly assigned its interest in the lease and its interest in the certificate of beneficial interest to Federal Savings and Loan Insurance Corporation (hereinafter called Federal), which association was in possession of the property demised by the lease. Federal filed a counterclaim in the foreclosure suit, alleging that the mortgage sought to be foreclosed was fraudulent and unlawful, and asked that Federal’s right in the property be decreed to be superior to Lawn’s mortgage. Trial of the difficult issues raised by the counterclaim was avoided by a stipulation between Lawn and Federal. Thereafter the court entered a decree on the counterclaim and the stipulation. The instant appeal is taken from an order confirming the sale of the beneficial interest and from an order overruling Quinn’s objections to the decree on the counterclaim.

It appears that La Salle held title in a land trust to the property located at 8001-8025 South Western Avenue, Chicago. The certificate of beneficial interest which was designated only as personal property, was held by Quinn. On September 27,1961, La Salle executed a mortgage note and a mortgage to Lawn for $2,100,000. The mortgage waived the right of redemption. Quinn thereupon undertook the construction of a 9-story commercial building on the property. On February 6, 1962, Beverly entered into a lease with La Salle for half of the basement and the first three floors of the building. At this time Quinn was the owner of a large majority of the permanent reserve shares of Beverly, and was chairman of its board of directors. On July 18, 1963, Quinn signed a note payable to Beverly for $500,000, and pledged as collateral his beneficial interest in the trust at La Salle.

A default occurred in the mortgage payments and Lawn filed its complaint to foreclose its mortgage on September 13, 1963. On October 15, 1963, an order was entered designating Lawn as mortgagee in possession. Lawn demanded payment of $12,500 monthly rental from Beverly, the lessee. The lease was for a term of 20 years. Beverly became financially involved, and on October 25, 1963, adopted a plan of voluntary liquidation, and Federal acquired its assets and assumed its liabilities under its deposit insurance agreement.

On February 28, 1964, Federal filed a counterclaim in Lawn’s foreclosure suit. In Count I it alleged that Quinn had fraudulently disbursed $1,187,325.36 of Beverly’s funds toward the construction and that Lawn knew, or should have known, of the fraudulent disbursements. This count prayed that Federal be declared entitled to a lien upon the real estate, or that the real estate be impressed with a trust in its favor for such advance. Count II of the counterclaim alleged that Quinn, by reason of his ownership of the beneficial interest in the La Salle trust and his domination and control of Beverly, had fraudulently caused Beverly to execute the lease of February 6, 1962, and prayed that the lease be set aside. On March 18, 1964, Lawn filed its answer to Federal’s counterclaim.

On October 2, 1964, Lawn moved the court for leave to file its stipulation with Federal providing for the entry of a decree on Federal’s counterclaim. This stipulation provided: 1) that Federal be decreed to have no lien on the property in the foreclosure and not to be entitled to have the said property impressed with a trust in its favor as sought by Count I of its counterclaim; 2) that the lease between La Salle and Beverly, dated February 6, 1962, be decreed to be of no further legal effect; 3) that Federal continue in possession of the property under the terms set forth in the stipulation; and 4) that Federal should be declared to have succeeded to all interests of Beverly in the property.

The court entered an order granting leave to all parties to file their objections to the motion of the plaintiff for the entry of the decree pursuant to this stipulation. Neither Quinn nor La Salle were parties to the stipulation. On October 7, 1964, Quinn and La Salle filed objections to the termination of the lease pursuant to the stipulation and to the entry of the decree in accordance with the stipulation.

On October 14, 1964, Quinn and La Salle filed a petition setting forth the execution by Quinn of his July 18, 1963, note to Beverly for $500,000, and the collateral pledge of his beneficial interest in the La Salle trust, asserting the present ownership of the note and collateral by Federal. The petition requested the court to enter an order that in the event of the aforesaid beneficial interest being offered for sale, Federal give five days’ notice of the proposed sale to La Salle, Quinn, and Robert Irmiger, attorney. The court ordered that the notice asked for in the petition in the event of the sale of the beneficial interest by Federal should be given.

On October 22, 1964, Federal filed a written motion to strike the answer of Quinn and La Salle to its counterclaim and to strike the objections of Quinn and La Salle to the entry of a decree on the counterclaim, alleging as a basis, the refusal of Quinn to testify to a discovery deposition proceeding. In support of this motion Federal filed a transcript of the testimony of Quinn at a discovery deposition in which Quinn declined to answer all questions regarding the matters in issue upon the ground that his answer might incriminate him. This transcript does not appear in the record on appeal. It was, however, presented to and considered by the court as stated in the court’s order of October 23, 1964.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kelley/Lehr & Associates, Inc. v. O'BRIEN
551 N.E.2d 419 (Appellate Court of Illinois, 1990)
Reiter v. Neilis
466 N.E.2d 696 (Appellate Court of Illinois, 1984)
Melrose Pk Nat. Bk v. Melrose Pk Nat. Bk
462 N.E.2d 741 (Appellate Court of Illinois, 1984)
Melrose Park National Bank v. Melrose Park National Bank
462 N.E.2d 741 (Appellate Court of Illinois, 1984)
First Federal Savings & Loan Ass'n v. National Boulevard Bank
433 N.E.2d 1036 (Appellate Court of Illinois, 1982)
City of Chicago v. Westphalen
418 N.E.2d 63 (Appellate Court of Illinois, 1981)
American National Bank & Trust Co. v. Schultz
369 N.E.2d 903 (Appellate Court of Illinois, 1977)
Lawson v. Leak
353 N.E.2d 345 (Appellate Court of Illinois, 1976)
In Re Estate of Lawson
353 N.E.2d 345 (Appellate Court of Illinois, 1976)
Klein v. Fair Employment Practices Commission
334 N.E.2d 370 (Appellate Court of Illinois, 1975)
Kortenhof v. Messick
309 N.E.2d 368 (Appellate Court of Illinois, 1974)
Ingram v. License Appeal Commission
268 N.E.2d 469 (Appellate Court of Illinois, 1971)
Nolen v. Hall
266 N.E.2d 141 (Appellate Court of Illinois, 1970)
Country Mut. Ins. Co. v. Nat. Bank of Decatur
248 N.E.2d 299 (Appellate Court of Illinois, 1969)
Quinn v. Pullman Trust & Savings Bank
240 N.E.2d 791 (Appellate Court of Illinois, 1968)
Federal Savings & Loan Ins. Corp. v. Quinn
225 N.E.2d 693 (Appellate Court of Illinois, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
225 N.E.2d 683, 81 Ill. App. 2d 304, 1967 Ill. App. LEXIS 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawn-savings-loan-assn-v-quinn-illappct-1967.