Opinion
Gen. No. 41,491. (Abstract of Decision.)
Opinion filed May 19, 1941 Rehearing denied June 4, 1941
PLEDGES, § 35 — notice of sale, sufficiency. Plaintiff was improperly awarded judgment for conversion of his stock deposited as collateral security with defendants, with whom he had an account for purchase of stocks, where plaintiff's evidence that he made a tender of amount due was inherently improbable, it rested on uncorroborated oral evidence of events which occurred ten years previously, and was contradicted by defendant's memoranda made at the time, and notice to plaintiff at 3 o'clock that the collateral would be sold at 9 o'clock the next morning was sufficient, where repeated oral and written demands had been made upon plaintiff during the three weeks preceding the sale.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. ELMER J. MEDLIN, presiding.
Reversed with judgment here for defendants. Heard in first division, first district, this court at October term, 1940.
Chapman Cutler, for appellants;
Ralph F. Huck, of counsel;
Harry G. Wexler and Irving L. Block, for appellee.
"Not to be published in full." Opinion filed May 19, 1941; rehearing denied June 4, 1941