{
  "id": 5792348,
  "name": "Robert Rae, Jr., et al., v. Homestead Loan and Guaranty Company",
  "name_abbreviation": "Rae v. Homestead Loan & Guaranty Co.",
  "decision_date": "1898-05-31",
  "docket_number": "",
  "first_page": "548",
  "last_page": "549",
  "citations": [
    {
      "type": "official",
      "cite": "76 Ill. App. 548"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "158 Ill. 122",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        6046131
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/158/0122-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 193,
    "char_count": 2276,
    "ocr_confidence": 0.534,
    "pagerank": {
      "raw": 3.9591291552561617e-07,
      "percentile": 0.9041768458315523
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    "sha256": "dade8989b3e2c9acc0c4bbbd65b7d4606893a0eed2ccdb4919c642222ae73837",
    "simhash": "1:9a5624b15cae96b3",
    "word_count": 384
  },
  "last_updated": "2023-07-14T17:12:45.168189+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Robert Rae, Jr., et al., v. Homestead Loan and Guaranty Company."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Horton\ndelivered the opinion of the court.\nAppellant gave to appellee his bond, dated August 1,1895? in the penal sum of $9,800, conditioned for the payment of $4,900 and interest \u201c in gold coin of the United States of America of the present standard of weight and fineness.\u201d He also, at the same time, gave a trust deed conveying certain real estate to secure the performance of the provisions of said bond. Default having been made in the payment of interest, appellee declared the principal sum secured to be paid by said bond due and payable under the provisions thereof, and filed its bill in chancery to foreclose said trust deed. To said bill appellant filed his special demurrer, which was overruled. The appellant elected to abide by his demurrer, and upon proof taken in open court, final decree of foreclosure in the usual form was entered. As stated in brief of solicitor for appellant, \u201cthe subsequent proceedings after entering the default are not preserved in a certificate of evidence, and therefore no assignment of errors is possible\u201d as to such subsequent proceedings.\nThe only question presented in this case is, whether the contract embodied in said bond for payment in \u201cgold coin\u201d is against public policy and void.\nThis question is most elaborately and exhaustively argued on behalf of appellant. But it is not an open question for this court, and even if we were disposed to sustain his position (which we are not), the validity of said bond is settled by the Supreme Court of this State in Belford v. Woodford, 158 Ill. 122. It is there held that a contract expressly made payable in gold coin is not void, but is enforceable as made.\nThe decree of the Circuit Court is affirmed.",
        "type": "majority",
        "author": "Mr. Justice Horton"
      }
    ],
    "attorneys": [
      "Robert Rae, attorney for appellants.",
      "Wilson, Moore & MoIlvaine, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Robert Rae, Jr., et al., v. Homestead Loan and Guaranty Company.\n1. Contracts\u2014Payable in Gold Coin Valid.\u2014A contract expressly made payable in gold is valid, and is enforceable as made.\nForeclosure, of trust deed.\u2014Trial in the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Hearing and decree for complainant. Appeal by defendant.\nHeard in the Branch Appellate Court, First District, at the March term, 1898.\nAffirmed.\nOpinion filed May 31, 1898.\nRobert Rae, attorney for appellants.\nWilson, Moore & MoIlvaine, attorneys for appellee."
  },
  "file_name": "0548-01",
  "first_page_order": 546,
  "last_page_order": 547
}
