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KAHN v. DEERPARK INV. CO.

Gen. No. 53,619.

115 Ill. App.2d 121 (1969)

253 N.E.2d 121

Saul Kahn, Plaintiff-Appellee, v. Deerpark Investment Co., an Illinois Corporation, Elm Investment Co., an Illinois Corporation, and Charles Biggam, Defendants, and Quinlan and Tyson Mortgage Corporation, Citation Respondent-Appellant.

Appellate Court of Illinois — First District, Second Division.

September 23, 1969.

Attorney(s) appearing for the Case

Cummings & Wyman, of Chicago (Austin L. Wyman, Jr. and James M. Staulcup, Jr., of counsel), for appellant.

Charles C. Kirshbaum, of Chicago (Harry G. Fins, of counsel), for appellee.

MR. JUSTICE McCORMICK delivered the opinion of the court.

On April 2, 1965, the Elm Investment Company owned a parcel of real estate located in Zion, Illinois, which will be referred to as "the Zion property." On that date Elm executed a lease on the property in question. On June 1, 1965, the lease was assigned to Penn Mutual Life Insurance Company as security for Penn's first mortgage on the Zion property. Penn appointed Hart, Shaw and Company (predecessor to Quinlan...

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