Geisler v. Bank of Brussels

Full title: George Geisler, Appellee, v. Bank of Brussels, Appellant

Court: Appellate Court of Illinois, Third District

Date published: Oct 29, 1942

316 Ill. App. 309 (Ill. App. Ct. 1942)

44 N.E.2d 754

Opinion

Gen. No. 9,345. (Abstract of Decision.)

Opinion filed October 29, 1942

FRAUD AND DECEIT, § 162^_ — relation of trust and confidence as defeating laches. Where plaintiff had given a mortgage to defendant on his lands, and defendant represented to him that it was necessary for plaintiff to deed the lands to it in order to quiet title, after which a reconveyance to plaintiff would be made, and the defendant sold the lands, since plaintiff was a man of limited business experience, had dealt with defendant for years and had confidence in defendant bank officers, there was reasonable excuse for a delay of about two years in bringing an action to recover for fraud and deceit.

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

Appeal from Circuit Court of Calhoun county; Hon. A. CLAY WILLIAMS, presiding.

Judgment affirmed. Heard in this court at October term, 1942.

William G. Vogt, for appellant;

C.C. Worthy, for appellee.

Opinion by JUSTICE HAYES.

"Not to be published in full." Opinion filed October 29, 1942.