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HOIDEN v. KOHOUT

Gen. No. 46,852.

12 Ill. App.2d 161 (1956)

138 N.E.2d 852

Emily Hoiden, Appellee, v. Joseph Kohout and Mary Kohout, his wife, Appellants. John O. Sykora, Trustee, Defendant.

Appellate Court of Illinois — First District, Second Division.

Released for publication January 8, 1957.

Attorney(s) appearing for the Case

Theodore P. Nebel, and Owens, Owens & Rinn, all of Chicago, for appellants.

Gorski, Hassell, Daly & Sinden, for appellee.

JUDGE SCHWARTZ delivered the opinion of the court.

This is an appeal from a decree foreclosing a trust deed securing a note for $5000 made by Joseph and Mary Kohout (defendants-appellants, herein called defendants). Their defense is that all interest and principal had been paid to John O. Sykora as the authorized agent of plaintiff to receive payment, although the notes were not surrendered to them. They filed a counterclaim seeking to have the notes cancelled. The...

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