Opinion
Gen. No. 41,392. (Abstract of Decision.)
Opinion filed December 30, 1941
FORMER ADJUDICATION, § 97 — entry 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"Not to be published in full."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.