Esty v. Brooks

Citations

• 54 Ill. 379

Syllabus

<p>Assignor—when liable to his assignee. A mortgage was given to secure ten promissory notes, payable at different times. All these notes, except the second and third in the series, were assigned by the payee to a person who caused the mortgagee to sell the mortgaged premises, under a power in the mortgage, to satisfy the first note, then due, and interest on the residue in his hands, the proceeds of the sale not being more than sufficient to cover the amount due to such assignee. At that time the second and third notes were held by a third person, who afterwards assigned them to the holder of the other notes, the latter suing the original assignor upon them: Held, the fact of the prior sale under the mortgage could in no wise affect the plaintiff’s right to recover.</p>