Legal Opinion

Kelley, Maus & Co. v. Newman

Appellate Court of Illinois

Decided December 23, 1898PublishedCited by 3 opinions

Bill for an Injunction, etc. Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Appellant filed its bill in chanaery against one Matthew Caffrey, stating, inter alia, that it was indebted to said Caffrey, a resident of Mew Jersey, in the sum of $482.63, upon which indebtedness the latter had brought suit in Cook county; that it had before that time contracted with said Caffrey to buy, and he had agreed to sell to it, certain leather at…

Read the full summary

Bill for an Injunction, etc. Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Appellant filed its bill in chanaery against one Matthew Caffrey, stating, inter alia, that it was indebted to said Caffrey, a resident of Mew Jersey, in the sum of $482.63, upon which indebtedness the latter had brought suit in Cook county; that it had before that time contracted with said Caffrey to buy, and he had agreed to sell to it, certain leather at a stipulated price, which contract said Caffrey had refused to fulfill, and that by reason of such refusal appellant had…

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.'

The bill was properly dismissed' in this case, because the complainant had a complete and adequate remedy at law. We have held in Kelley, Maus & Co. v. Matthew Caffrey (page 278, this volume), that the damages claimed as arising out of the alleged breach of the contract set up in the bill and in the pleas of set-off filed in the suit at law-brought by Caffrey, are not unliquidated, and that the demurrer thereto should, in that respect, have been overruled. It is true that the bill states that the Circuit Court held in that case…

2Cases cited2 opinions

  1. Stanton v. EmbrySupreme Court of Connecticut · 1879
  2. Bromwell v. TurnerAppellate Court of Illinois · 1891

3Cited by3 opinions

  1. Remsen v. Midway Liquors, Inc.Appellate Court of Illinois · 1961
  2. People ex rel. Pope County v. ShetlerAppellate Court of Illinois · 1943
  3. Van Der Veer v. Union Trust Co.Indiana Court of Appeals · 1920

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API