Rubin v. Newberger

Appellate Court of Illinois

Rubin v. Newberger

209 Ill. App. 433

CourtAppellate Court of Illinois

DecidedJanuary 31, 1918

DocketGen. No. 23,196

StatusPublished

This text of 209 Ill. App. 433 (Rubin v. Newberger) 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

Rubin v. Newberger, 209 Ill. App. 433 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Presiding Justice Barnes

delivered the opinion of the court.

2. Mortgages, § 227*—right of mortgagee to treat mortgagor and grantee assuming mortgage as principal debtors. A mortgagee may treat both the mortgagor and a grantee of the latter assuming the mortgage as principal debtors and have a personal decree against both, unless he has consented to accept the grantee as surety, and his rights cannot he affected by any agreement between the mortgagor and the grantee. 3. Mortgages, § 119*—when notes may be postponed to lien of another mortgage. The holder of mortgage notes may postpone them to the lien of another mortgage. 4. Tendee, § 18*—what is effect of conditional tender of payment. A plea of conditional tender of payment in an action on a promissory note admits that some money was due.

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Mr. Presiding Justice Barnes

delivered the opinion of the court.

2. Mortgages, § 227*—right of mortgagee to treat mortgagor and grantee assuming mortgage as principal debtors. A mortgagee may treat both the mortgagor and a grantee of the latter assuming the mortgage as principal debtors and have a personal decree against both, unless he has consented to accept the grantee as surety, and his rights cannot he affected by any agreement between the mortgagor and the grantee. 3. Mortgages, § 119*—when notes may be postponed to lien of another mortgage. The holder of mortgage notes may postpone them to the lien of another mortgage. 4. Tendee, § 18*—what is effect of conditional tender of payment. A plea of conditional tender of payment in an action on a promissory note admits that some money was due.

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Bluebook (online)

209 Ill. App. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubin-v-newberger-illappct-1918.