Excerpt from Illinois Appellate Court Unpublished Opinions: Second Series In Count II plaintiff alleges defendant, Engert, was a party litigant in Engert v. Chicago Title and Trust Company, 335 Ill. App. 566, defendants therefore knew the instant transaction was usurious, but continued to make such loans with indifference to the rights of the borrowers or damage to them; defendants converted money and mortgages; and prays judgment for the total of enumerated sums and punitive damages. Attached to the complaint, and by ...
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Excerpt from Illinois Appellate Court Unpublished Opinions: Second Series In Count II plaintiff alleges defendant, Engert, was a party litigant in Engert v. Chicago Title and Trust Company, 335 Ill. App. 566, defendants therefore knew the instant transaction was usurious, but continued to make such loans with indifference to the rights of the borrowers or damage to them; defendants converted money and mortgages; and prays judgment for the total of enumerated sums and punitive damages. Attached to the complaint, and by reference incorporated therein, are the trust agreement between Guaranty and the beneficiaries, the direction to Guaranty to execute the note in the sum of the note and the trust deed securing it, and the assignment of the beneficial interest under the trust. In our review of whether the trial court erred in dismissing the action, we are guided by the rule enunciated in Herman v. Prudence Mutual Casualty Company, 92 Ill. App. 2d 222, wherein the court said at page 232, The cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle plaintiff to recover. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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