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ROHERTY v. GREEN

Gen. No. 49,535.

57 Ill. App.2d 362 (1965)

206 N.E.2d 756

Josephine Roherty, Plaintiff-Appellee, v. Martin W. Green, Defendant-Appellant, and River Forest State Bank and Trust Company, Garnishee Defendant. Martin W. Green, Third Party and Cross Plaintiff-Appellant, v. Rita Green, Third Party and Cross Defendant-Appellee.

Appellate Court of Illinois — First District, Third Division.

Rehearing denied April 29, 1965.

Attorney(s) appearing for the Case

Catherine C. Anagnost, Gerald M. Chapman, and Edmond Mosley of Anagnost & Anagnost and Associates, of Chicago, for Martin W. Green, defendant and third party and cross plaintiff-appellant.

Melvin J. Cole & Edward R. Burr, of Chicago (Edward R. Burr, of counsel), for plaintiff-appellee; Sherwin & Sherwin, of Chicago (Theodore R. Sherwin and Julius L. Sherwin, of counsel), for Rita Green third party and cross defendant-appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Josephine Roherty was the holder of three judgment notes, two of which had been executed by Martin W. Green, and one by both Martin Green and his then wife, Rita Green. Josephine Roherty is Rita Green's mother and Martin Green's former mother-in-law. The notes were given for three loans to her son-in-law totaling $2,500, as evidenced by three checks, one dated May 29, 1946 for $1,000, one dated November 29,...

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