Slocum v. First Nat. Bank

Full title: Laura S. K. Slocum et al., Appellants, v. First National Bank of Chicago…

Court: Appellate Court of Illinois, First District

Date published: May 20, 1940

305 Ill. App. 488 (Ill. App. Ct. 1940)

27 N.E.2d 479

Opinion

Gen. No. 40,778. (Abstract of Decision.)

Opinion filed May 20, 1940

FORECLOSURE OF MORTGAGES, § 293.1^_ — reorganization, evidence of fraud. Complaint charging conspiracy and fraud was properly dismissed below, where evidence showed that in a prior proceeding a composition had been effected with guarantors of a bond issue, after full investigation by bondholder's committee, whereby certain bonds were accepted in satisfaction of guaranty, there was no evidence of fraud, and plaintiff, a bondholder, did not object to or appeal from such class action.

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

Appeal from Superior Court of Cook county; Hon. JOHN J. LUPE, presiding.

Affirmed. Heard in first division, first district, this court at June term, 1939.

Shulman, Shulman Abrams and Leo L. Ginsburg, for appellants;

Meyer Abrams, of counsel;

Claire W. Hardy, for certain appellee;

Levinson, Becker, Peebles Swiren, for certain other appellee;

Max Swiren and Ben W. Heineman, of counsel;

Pam, Hurd Reichmann, for certain other appellee;

Louis S. Hardin and Fredric H. Stafford, of counsel;

Winston, Strawn Shaw, for certain other appellee.

Opinion by JUSTICE MCSURELY.

"Not to be published in full." Opinion filed May 20, 1940.