Chicago Title & Trust Co. v. Franklin, 187 Ill. App. 388 (1912)

June 24, 1912 · Illinois Appellate Court · Glen. No. 18,848

187 Ill. App. 388

Chicago Title & Trust Company, Trustee, et al., Appellees, v. Maurice Franklin et al., Herbert W. Duncanson, Appellant.

Glen. No. 18,848.

(Not to be reported in full.)

Abstract of the Decision.

1. Subeoqatioit, § 3 ^* —when holder of bonds entitled to conventional subrogation. Where there is an arrangement between a company and a person executing bonds whereby the company took up the bonds to hold them uncaneelled until the person executing the bonds paid the same, the company holds the same under a right of conventional subrogation.

Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Certiorari denied by Supreme Court (making opinion final).

Affirmed as modified.

Opinion filed June 24, 1912.

Statement of the Case.

Bill by Chicago Title and Trust Company, Trustee et al., against Maurice Franklin, Herbert W. Duncan-son et al., to foreclose a trust deed executed by Mandel Frankel under the name of Maurice Franklin to secure the payment of certain bonds. From a decree awarding a foreclosure, Herbert W. Duncanson appeals.

Alden, Latham & Young, for appellant.

Henry W. Leman, for appellee Chicago Title & Trust Company.

Felsenthal & Beckwith, for appellee Charles H. McIntyre.

A. W. Martin and Edward H. S. Martin, for appellee Goldsmith.

* See Illinois Notes Bigest, Yols. XI to XY, and Cumulative Quarterly, same topic and section numbei'o

* See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Baume

delivered the opinion of the court.

2. Appeal and error, § 499^*-^iohero objection to amount of solicitor’s fees not preserved for review. Objection to the amount of solicitor’s fees allowed by a decree of foreclosure under the terms of a trust deed cannot be first raised on appeal.

3. Principal and agent, § 179*—when third party not liable as undisclosed principal. Where bonds are executed under seal in the name of a certain person, a third person cannot be held liable thereon as an undisclosed principal.