Chicago v. Tebbetts
104 U.S. 120

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U.S. Supreme Court

Chicago v. Tebbetts, 104 U.S. 120 (1881)

Chicago v. Tebbetts

104 U.S. 120

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

1. A., to secure an indebtedness to B., conveyed to C., in trust, certain lands in the City of Chicago which were subsequently condemned for a street. B. permitted the city to take possession of them and make the improvements, but with the express reservation and condition that he thereby waived no right against A. or the city. The city paid A. his proportion of the award and issued to him a voucher showing the amount awarded, the payment made, and the balance still due. A. delivered to C. this voucher, and endorsed thereon an order to pay the balance to him, as trustee for B., in full of principal due for lien on the land. The city paid C. but a part of the sum due on the voucher, and C., pursuant to a power contained in the deed of trust, sold the lands at public auction to B., who conveyed them to D. The voucher was thereupon assigned to D., it being agreed that he should have all the rights therein of B. and C. Held that D. is entitled to a decree against the city for the balance remaining unpaid on the voucher, with interest thereon from the time it became due.

2. A party guilty of unreasonable and vexations delay in making payment of a just claim cannot be relieved by offering to pay interest from the time when the delay began to be unreasonable and vexatious.

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