Mrazek v. Tollar

Appellate Court of Illinois

Mrazek v. Tollar

210 Ill. App. 384

CourtAppellate Court of Illinois

DecidedApril 29, 1918

DocketGen. No. 23,810

StatusPublished

This text of 210 Ill. App. 384 (Mrazek v. Tollar) 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

Mrazek v. Tollar, 210 Ill. App. 384 (Ill. Ct. App. 1918).

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Opinion

Mr. Justice MoSurely

delivered the opinion of the court.

2. Bills and notes, § 12*—validity of note in plural form signed 6y only one person. That notes which were intended to be signed by two persons were, in fact, signed by- but one does not render them invalid as incomplete, a note in plural form but signed by one person only being a valid obligation of the signer. 3. Bills and notes, § 50*—when notes are' founded on good consideration. Notes given in consideration of the release of a trust deed and of an equitable lien against the property are founded upon a good consideration. 4. Bills and notes, § 327*—what is not a defense in action to recover on notes given in consideration of release of mortgage. In an action to recover on promissory notes given in consideration of the release of a mortgage on real estate, defendant cannot set up that her title to the premises was superseded by a' paramount title and that she was evicted merely because a forcible detainer suit was instituted against her where, before the issue therein was determined, she satisfied the lien upon which the claim to possession was based.

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Mr. Justice MoSurely

delivered the opinion of the court.

2. Bills and notes, § 12*—validity of note in plural form signed 6y only one person. That notes which were intended to be signed by two persons were, in fact, signed by- but one does not render them invalid as incomplete, a note in plural form but signed by one person only being a valid obligation of the signer. 3. Bills and notes, § 50*—when notes are' founded on good consideration. Notes given in consideration of the release of a trust deed and of an equitable lien against the property are founded upon a good consideration. 4. Bills and notes, § 327*—what is not a defense in action to recover on notes given in consideration of release of mortgage. In an action to recover on promissory notes given in consideration of the release of a mortgage on real estate, defendant cannot set up that her title to the premises was superseded by a' paramount title and that she was evicted merely because a forcible detainer suit was instituted against her where, before the issue therein was determined, she satisfied the lien upon which the claim to possession was based.

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210 Ill. App. 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrazek-v-tollar-illappct-1918.