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Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 774 pages
Book Rating : 4.3/5 (511 download)
Download or read book Official Illinois Appellate Court Reports written by Illinois. Appellate Court and published by . This book was released on 1912 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 1206 pages
Book Rating : 4.3/5 (243 download)
Download or read book Illinois Appellate Reports written by Illinois. Appellate Court and published by . This book was released on 2011 with total page 1206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 700 pages
Book Rating : 4.:/5 ( download)
Download or read book Reports of Cases Determined in the Appellate Courts of Illinois written by Illinois. Appellate Court and published by . This book was released on 1889 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 992 pages
Book Rating : 4.3/5 (243 download)
Download or read book Official Illinois Appellate Court Reports written by Illinois. Appellate Court and published by . This book was released on 1973 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230036342
Total Pages : 240 pages
Book Rating : 4.0/5 (363 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... Appeal from the Superior Court of Cook county; the HON. CI.-AB!NCI N. Goonwm, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912. Dismissed. Opinion filed J une 3, 1913. MoEwEN, WEISSENBACH, SHBIMSKI & MELOAN, for appellants. FRANK J onusron, Ja., and J orm W. BECKWTTH, for appellees; WILLIAM H. SEx'roN and PHILIP J. McKENNA, of counsel. Mn. J USTICE F. A. SMITH delivered the opinion of the court. This appeal if from a judgment of the Superior Court of Cook county sustaining demurrers to three several petitions for mandamus, dismissing the petitions and awarding costs against petitioners. The petitions set forth that July 14, 1910, the petitioners, appellants, were, by the then mayor of Chicago, appointed members of the Board of Local Improvements of the city of Chicago for a term of two years; that following such appointment, appellants made and executed their bonds as provided by the ordinances of the city of Chicago, and the same were approved by the City Council and appellants became and were duly elected, qualified and acting members of the Board of Local Improvements of the said city; that afterwards and upon the first day of May, 1911, the Honorable Carter H. Harrison, then mayor of the city of Chicago, by communication addressed to the City Council, made a pretended removal of appellants without charges of any kind and for no reason whatever except political reasons, and appointed a successor for each of the appellants respectively, which removal and appointment was, upon the same day, concurred in by the City Council; that afterwards, each of appellants presented a communication to the City Council of the city of Chicago, setting forth that pursuant to his appointment to the ofiice of member of the...
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 728 pages
Book Rating : 4.E/5 ( download)
Download or read book Reports of Cases Determined in the Appellate Courts of Illinois written by Illinois. Appellate Court and published by . This book was released on 1900 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230008820
Total Pages : 232 pages
Book Rating : 4.0/5 (88 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...opinion of the court. This case was brought in the court below to recover damages for injuries received by appellee on October 30, 1909, while working as an employee of appellants, at, their coal mine in Minonk. The case was tried on two amended counts and one additional count of the declaration. The first amended count of the declaration charges that appellants were possessed of and conducting a coal mine, and were possessed of various buildings, run-ways, tracks and cars used in connection with the mine, and located at, around or near the opening of the mine; and were possessed of a certain track or run-way, made of rails and ties, and other material, upon which track, in the course of their business they operated a certain vehicle known as a "jumbo car," used for the purpose of conveying from a point near the shaft of the mine, upon an inclined plane, certain waste material from the mine, for the purpose of dumping and depositing the same in a pile of waste material, which jumbo car was when in motion controlled and handled by means of a cable attached to machinery driven by steam power; a.nd that appellants possessed a certain contrivance called a "stall" located at the lower end of said track, in which stall the jumbo car was loaded with waste ma terials from time to time; that on the thirtieth day of October, 1909, said stall and a certain post of said stall were out of repair, and that then, and for several months prior thereto, appellee was in the employ of appellants as a blacksmith, wood-worker and repairer; and that on said last mentioned day, appellants ordered appellee to repair said stall and post, and that in obedience to such order, appellee went upon the track, with necessary tools to make such...
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230039879
Total Pages : 228 pages
Book Rating : 4.0/5 (398 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ..." " to be personally served on the owner." The facts in this case are not in dispute, as the case was heard upon the evidence of complainant. The statute is derogatory to the common law, mandatory and must be strictly complied with or no lien exists. The statute was evidently passed for protection of the owner and all parties entitled to a lien so that the one could not be deprived of his money, and that the owner would not be compelled to pay twice. The statute wisely provided that the time in which the party who anticipated claiming a lien should act. The delivery by appellee or their agents at Kewanee, Illinois, and Geneva, New York, upon the fifth and ninth days of August, 1910, respectively, under the contract between appellee and Struby & Harris to the common carriers billed to Struby & Harris, Mt. Carmel, Illinois, was a delivery to Struby & Harris, and completed the contract upon the part of appellee. City of Carthage v. Duval, 202 Ill. 237. The contract of appellee being complete on the ninth day of August, 1910, a notice to entitle appellee to a lien must be served within sixty days from that date. The notice served on the tenth day of October, 1910, did not come within the time fixed by law, and was insufficient. Shinners v. Royal Coal and Mining Co., 188 Ill. App. 335. The evidence in this case, considered for all purposes as it applies to the issues, leaves no question of fact to be determined. It is urged by appellee that where the facts are not in dispute and only a question of law is to be determined, that if appellant failed to present to the trial judge propositions of law and secure a ruling thereon it bars its right to have it considered on appeal. This is true where the right to a jury...
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230101224
Total Pages : 228 pages
Book Rating : 4.1/5 (12 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...stock may receive a semi-annual dividend on the stock so held by them, not to exceed three and one-half per cent. of the same; such dividends to be paid at the times and in the manner designated by the Directors of said Company. The earnings and receipts of said Company over and above the dividends, losses and expenses shall be accumrula ted. ' ' Article-VI with the exception of its last clause, not pertinent hereto is: "The insurance business of the Company shall be conducted upon the mutual plan. All premiums shall be payable in cash. In case any policy holder shall omit to pay any premium due from him to the Company, or violate any other condition of the policy of insurance, the Board of Directors may forfeit his policy and apply all previous payments to the benefit of the Company.. The officers of the Company, within sixty days from the expiration of the first five years from Dec. 31, 1859, and within the first sixty days of every subsequent period of five years, shall cause a balance to be struck of the affairs of the Company, which shall exhibit its assets and liabilities both present and contingent, and also the net surplus after deducting a suflicient amount to cover all outstanding risks and other obligations. Each policy holder shall be credited with an equitable share of the said surplus. Such equitable share after being ascertained shall be applied to the purchase of an additional amount of insurance (payable at death or with the policy itself) expressing the reversionary value of such equitable share at such interest as the Directors may designate, or if any policy holder shall so direct, such equitable share of surplus shall be ap Townsend v. Equitable L. A. S., 183 Ill. App. 326. plied to the purchase of...
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230091556
Total Pages : 228 pages
Book Rating : 4.0/5 (915 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...,1. APPEAL AND nnaon, 1399--'when master's findings of fact will not be disturbed on appeal. In an equity suit where the testimony is conflicting and contradictory, requiring the master to pass on the credibility of witnesses, his finding of facts will not be reversed unless clearly and palpably contrary to the weight of the evidence. 2. MonTcAeEs, 503--when evidence justifies dismissal of bill to foreclose. On a bill to foreclose a mortgage by assignees of notes 'See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number. Vol. CCII 27 a Steward et al. v. Weisenmayer, 202 Ill. App. 338. secured thereby, who elected to foreclose in accordance with the terms of the mortgage on nonpayment of interest due on one of the notes, such notes having been assigned to the complainants by the deceased mortgagee in her lifetime, an intervening petition having been filed by the husband of the mortgagee, claiming to be the legal owner of the notes, where the evidence satisfactorily showed that the money loaned on'the mortgage was that of the intervening petitioner, a decree dismissing the bill for want of equity, canceling the assignments and transfer of the notes to the complainant, declaring the intervening petitioner the legal and equitable owner of the notes and ordering the complainant to transfer them to him, held proper. 3. APPEAL AND ERROR, 1488----when admission of improper evidence by master not ground for reversal. In an equity suit, held that the defendant's objection that improper evidence was heard by the master need not be considered where the defendant's objection to such evidence was sustained by the master and he reported that he had not considered it in reaching...
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230040301
Total Pages : 228 pages
Book Rating : 4.0/5 (43 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...worth to the full amount of a stock subscription. If they see fit to accept property in lieu of cash, they can only take it at its fair cash market value, or, if it has no ascertainable market value, only at such a price as might be realized by selling the property to others for cash. They should ascertain the value of such property precisely in the same manner as they would do if they were about to invest their own money therein. The rule, that a mistake by directors in accepting property at too high a valuation in payment of a stock subscription cannot be regarded as a fraudulent over-valuation, applies only where the transaction constitutes a valid contract of bargain and sale, made in good faith by the directors, and in the intelligent exercise of fair and honest judgment on their part, and does not apply to a sham transaction. Gillett v. Chicago T. & T. Co., 230 Ill. 373; see, also, Sprague v. National Bank of America, 172 Ill. 149; Thayer v. El Plomo Mining Co., 40 Ill. App. 344, where mining property of little value was taken in full payment of the stock; Moore v. U. S. Barrel Co., 238 Ill. 544, where a patent of uncertain value was taken in payment for the stock. And a stockholder's liability is not affected by the bankruptcy of the corporation. Tibballs v. Libby, 87 Ill. 142. Counsel for Cudahy also makes the point that there was no allegation of fraud, in terms, in the bill, and no allegation that either Cudahy or Hazelhurst or the other directors, knowingly or intentionally 0ver-estimated the value of the patent. While it is true there was no direct charge of fraud in the bill, it was alleged that there was $100,000 of the stock subscription of Cudahy, and a like sum of the stock subscription of Hazelhurst, due and...
Author : Illinois Appellate Court
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781535010290
Total Pages : 714 pages
Book Rating : 4.0/5 (12 download)
Download or read book Reports of Cases Determined in the Appellate Courts of Illinois written by Illinois Appellate Court and published by Createspace Independent Publishing Platform. This book was released on 2016-06-29 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports of Cases Determined in the Appellate Courts of Illinois by Illinois Appellate Court. This book is a reproduction of the original book published in 1918 and may have some imperfections such as marks or hand-written notes.
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230073323
Total Pages : 210 pages
Book Rating : 4.0/5 (733 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...& Co. would make a copy in typewriting of the "car numbers" and "weights," add to it the memorandum of the selling price and prefix it with the date and a billhead, "Nelson Morris & Co. to Union Cotton Seed Co." Why the drafts were drawn on Nelson Morris individually and the invoices made to Nelson Morris & Co., is not explained. This copy would then be attached to the drafts, the drafts additionally endorsed specially by S. W. Straus & Co. to the order of the First National Bank or of Foreman Bros. Banking Company, according to the alternation which, as the transactions went on, became more and more regular, and then deposited by Gekler before banking hours in those banks respectively to the credit of S. W. Straus & Co. under the conditions previously noted. When Gekler had then made the book entries, previously indicated, of the day's transactions, the business seemed to be closed so far as the plaintiffs were concerned, with a profit to themselves on their books of something more than 1-5 of one per cent of the amounts involved, and a credit to Hoffheimer of the remaining four-fifths. Under these circumstances, and as the drafts were always larger than the checks and were undoubtedly paid from the pro ceeds of the checks of the subsequent day, and the alleged transactions, so far as Hoffheimer was concerned, were all fictitious, it perhaps might be expected that as long as the scheme lasted and until the end came by some successful flotation of the Soap Company or of some other enterprise of Hofiheimer's, or by his ignominious exposure, the daily amounts of the drafts would increase. But it was not to be expected, one would think, that they would increase as they...
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230006574
Total Pages : 234 pages
Book Rating : 4.0/5 (65 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...real estate shows an intention of the parties that vendee shall have possession before conveyance, and the agreement fixes no definite time when such possession is to be delivered to vendee, the law implies that such possession shall be delivered within a reasonable time. 4. VENDOR AND PURCHASER, 164---whcre parol agreement as to delivery of possession valid. Where an agreement to sell real estate requires that possession be delivered to vendee before conveyance but fixes no time for such delivery, the parties may validly make a parol contract as to what shall be deemed such reasonable time. See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number. 5. Evmnncs, 350"---when parol evidence of collateral agreement admissible. Where an agreement to sell real estate requires that possession be delivered to vendee before conveyance, but fixes no time for such delivery, parol evidence of a contract fixing such time for delivery is competent, and has no tendency to vary the terms of a written instrument. 6. Vnnnon AND PURCHASER, 164--when delay in delivery of poaaession unreasonable. Where an agreement for the sale of real estate dated March 25th gave vendor a period of more than two years in which to make conveyance, but was construed to require delivery of possession to vendee within a reasonable time, and where there was evidence of a verbal agreement to deliver such possession April 15th, a finding that vendor unreasonably delayed to deliver such possession held warranted by the evidence, where it appeared that as late as May 18th such possession had not been delivered, although there was evidence that at such last mentioned date vendor had not perfected his title, for the reason...
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 1176 pages
Book Rating : 4.3/5 (243 download)
Download or read book Official Illinois Appellate Court Reports written by Illinois. Appellate Court and published by . This book was released on 1972 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Illinois Appellate Court
Publisher : Rarebooksclub.com
ISBN 13 : 9781230102856
Total Pages : 206 pages
Book Rating : 4.1/5 (28 download)
Download or read book Illinois Appellate Reports; Official Reports of the Illinois Appellate Courts written by Illinois Appellate Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...furnished with a forthcoming bond; that Manuel, for the purpose of showing that the merchandise was in his possession, procured a bill of sale for the merchandise to be signed by both plaintiff and defendant, and was thereby enabled to obtain surety upon the forthcoming bond demanded, and the merchandise was delivered to Manuel. The evidence further shows that afterward, upon two occasions, the plaintiff demanded payment for the merchandise from Manuel, but made none upon the defendant until the institution of the present suit. The plaintiff 's version of the transaction is that the bill of sale was executed merely for the purpose of aiding Manuel in procuring surety upon the forthcoming bond, so that the goods might be relieved from the lien of Knight 's attachment for rent. He denies that there was ever any actual transfer, delivery, surrender or acceptance of the goods in discharge and payment of the indebtedness here involved. Shelby, the agent for the plaintiff, testified that the goods represented by the bill of sale, were at the time "in a building owned by Kaufman v. Sorrels, 164 Ill. App. 324. Bill Knight and he sued for rent and Sorrels couldn_'t give bond in Coles county and Manuel could, so this was made out to show the man Manuel was going to have go on his bond that he had the goods in his possession so he could give bond there and get the goods loose, or get them out so he could get hold of them." It is manifest that if the evidence warrants the contention of the defendant, that the goods were returned to the plaintiff and by him received, in full accord and satisfaction of the indebtedness, the present judgment was warranted. "The principle that a liability cannot be discharged by...
Author : Illinois. Appellate Court
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.3/5 (243 download)
Download or read book Illinois Appellate Court Reports written by Illinois. Appellate Court and published by . This book was released on 1964 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
