Opinion
Gen. No. 9,482. (Abstract of Decision.)
Opinion filed May 28, 1946 Released for publication June 24, 1946
NEGOTIABLE INSTRUMENTS, § 368 — when action of court in ordering payment of note prior to maturity was proper. Where plaintiff in equity suit asked cancellation of note and trust deed, which note was in principal sum of $400, payable one year after death of her father, with interest at six per cent after such death, and it appeared that plaintiff contended court erred in holding plaintiff could not pursue her suit against defendant unless she paid sum of $350 and interest, totaling $400, to defendant, on theory that since note was not due until one year after death of third person, payment could not be enforced prior to death of such person, held that order entered was not erroneous since it was attempt by court to put parties in status quo so that defendant would be paid his expenditure.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Piatt county; the Hon. GROVER W. WATSON, Judge, presiding.
Affirmed. Heard in this court at the May term, 1946.
Dwight H. Doss, for appellant;
Ralph J. Monroe, for appellee.
Not to be published in full. opinion filed May 28, 1946; released for publication June 24, 1946.