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Frank v. Reilly

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 384 (Ill. App. Ct. 1941)

Opinion

Gen. No. 41,392. (Abstract of Decision.)

Opinion filed December 30, 1941

FORMER ADJUDICATION, § 97entry of deficiency decree in prior foreclosure suit as res judicata to action at law on bond. Where a foreclosure suit was instituted by a trustee under a trust deed securing bonds on behalf of all bondholders and they were made parties defendant therein and a deficiency decree was entered against the obligor in the bonds, the entry of the deficiency decree precluded an action at law by a bondholder to recover the unpaid balance on the bonds held by him.

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

Appeal from Municipal Court of Chicago; Hon. NUNCIO J. BONELLI, presiding.

Judgment affirmed. Heard in second division, first district, this court at October term, 1940.

Maurice R. Kraines and Telford Hollman, for appellant;

No appearance for appellee.


"Not to be published in full." Opinion filed December 30, 1941.


Summaries of

Frank v. Reilly

Appellate Court of Illinois, First District
Dec 30, 1941
312 Ill. App. 384 (Ill. App. Ct. 1941)
Case details for

Frank v. Reilly

Case Details

Full title:E. S. Frank, Appellant, v. Norman J. Reilly, Appellee

Court:Appellate Court of Illinois, First District

Date published: Dec 30, 1941

Citations

312 Ill. App. 384 (Ill. App. Ct. 1941)
38 N.E.2d 544