Categories: Illinois Appellate Court Opinions

PEOPLE ex rel. NELSON v. BINGA STATE BANK, 309 Ill. App. 442 (1941)

33 N.E.2d 234

People of the State of Illinois ex rel. Oscar Nelson, Auditor of the State of Illinois, v. Binga State Bank. Joseph Z. Willner, Appellant. Charles H. Albers, Receiver of Binga State Bank and William J. Warfield, Appellees.

Gen. No. 41,513. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed March 31, 1941.

JUDICIAL AND EXECUTION SALES, § 50[*] — in open court, objections to mode of payment. Where bank receiver sold mortgage notes at public sale in open court, after a number of bids had previously been made and the bidders were familiar with the entire situation, plaintiff who was an unsuccessful bidder could not object that it was a cash sale but money was not paid until 6 months later, where part of the money was paid immediately and the balance was paid before plaintiff commenced suit.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from Circuit Court of Cook county; Hon. WILLIAM V. BROTHERS, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1940.

Harry A. Biossat, for appellant;

James B. Cashin, for appellee William J. Warfield.

Opinion by PRESIDING. JUSTICE O’CONNOR.

“Not to be published in full.” Opinion filed March 31, 1941.

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