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Satek v. Fortuna

Appellate Court of Illinois, First District
Dec 19, 1944
324 Ill. App. 523 (Ill. App. Ct. 1944)

Opinion

Gen. No. 43,091. (Abstract of Decision.)

Opinion filed December 19, 1944. Released for publication January 4, 1945.

MORTGAGES, § 172unauthorized payment, effect of. In suit to foreclose trust deed where it appeared that defendant mortgagor, before the maturity of the mortgage paid $3,000 of a $3,500 balance due on the mortgage to an agent of the mortgagee, who had no notice of the payment which was never indorsed on the principal note, held mortgagee was not bound by the payment to the agent where he had neither actual nor implied authority to receive it and mortgagor had notice and knowledge of agent's limited authority.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHER, Judge, presiding.

Decree reversed and cause remanded with directions. Heard in the second division, first district, this court at the June term, 1944.

Eugene A. Weinberg and Samuel Koenigsberg, for appellant;

Julius H. Selinger, for appellees;


Not to be published in full. Opinion filed December 19, 1944; released for publication January 4, 1945.


Summaries of

Satek v. Fortuna

Appellate Court of Illinois, First District
Dec 19, 1944
324 Ill. App. 523 (Ill. App. Ct. 1944)
Case details for

Satek v. Fortuna

Case Details

Full title:Barbara Satek, Appellant, v. Rosy Fortuna, et al., Appellees

Court:Appellate Court of Illinois, First District

Date published: Dec 19, 1944

Citations

324 Ill. App. 523 (Ill. App. Ct. 1944)
58 N.E.2d 464

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