Morse v. Gillette
Appellate Court of Illinois
Bill to Enforce a Stockholders’ Liability.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 190Q. Statement by Hr. Justice Horton.—January 19, 1891, the original bill o,f complaint in this cause was filed in the Circuit Court of Cook County by Charles F. Morse in his own behalf, and on behalf of all creditors of- the Pacific Railway Company.
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Bill to Enforce a Stockholders’ Liability.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Heard in the Branch Appellate Court at the March term, 190Q. Statement by Hr. Justice Horton.—January 19, 1891, the original bill o,f complaint in this cause was filed in the Circuit Court of Cook County by Charles F. Morse in his own behalf, and on behalf of all creditors of- the Pacific Railway Company. The corporation and all of its stockholders were made parties defendant thereto. Said bill was filed and the cause prosecuted under Sec. 25, Ch. 32, R. S. of…
1Opinion of the CourtJustice Horton
Counsel for appellants in their brief say that “ The only question to be here determined is whether this estate, still held by the executors or trustees, is chargeable with the amount found due the receiver and the creditors of the Pacific Railway Company.”
The original suit against James F. Gillette was abated, as to him, by his death, but not as to the other defendants in that suit. (Sec. 12, Ch. 1, Rev. Stat. of Ill.)
It is contended by counsel for appellants that the “ revival against the representatives of the estate of James F. Gillette, deceased, places the suit, and all the proceedings…
2Cases cited10 opinions
- Waughop v. BartlettIllinois Supreme Court · 1896
- Mackin v. HavenIllinois Supreme Court · 1900
- Russell v. HubbardIllinois Supreme Court · 1871
- Ryan v. JonesIllinois Supreme Court · 1853
- Snydacker v. Swan Land & Cattle Co.Illinois Supreme Court · 1895
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3Cited by2 opinions
- Zamis v. HansonAppellate Court of Illinois · 1939
- Pearson v. McBeanAppellate Court of Illinois · 1907