Aranoff v. Major, 194 Ill. App. 618 (1915)

Oct. 5, 1915 · Illinois Appellate Court · Gen. No. 20,875
194 Ill. App. 618

Nathan K. Aranoff, Appellant, v. Adolph Major, Appellee.

Gen. No. 20,875.

(Not to he reported in full.)

Appeal from the Superior Court of Cook county; the Hon. John M. O’Connor, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914.

Affirmed.

Opinion filed October 5, 1915.

Statement of the Case.

Bill by Nathan K. Aranoff, complainant, against Adolph Major, defendant, in the Superior Court of Cook county, to enjoin defendant from negotiating' or transferring three promissory notes of $1,500 each, and *619to compel defendant to indorse on each of said notes a payment of $1,000. From a decree dismissing the bill for want of equity, plaintiff appeals.

Abstract of the Decision.

Bills and notes, § 451 * —when evidence insufficient to show payment. On a bill to restrain defendant from negotiating promissory notes, and to compel" the indorsement thereon of certain payments alleged to have been made by plaintiff, a decree approving the master’s report that such payments were not in fact made as alleged, and dismissing the bill for want of equity, held warranted by the evidence.

Moses, Rosenthal & Kennedy and Oscar Blumenthal, for appellant; Walter Bachrach, of counsel.

M. H. Hoey, for appellee.

Mr. Presiding Justice Gridley

delivered the opinion of the court.