Pitcher v. Board of Trade
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This record shows that the Board of Trade of the city of Chicago is a body corporate, created by an act of the legislature of this State, passed February 18, 1859, and that the appell ant, Pitcher, was admitted as a member thereof some eight years ago.
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This record shows that the Board of Trade of the city of Chicago is a body corporate, created by an act of the legislature of this State, passed February 18, 1859, and that the appell ant, Pitcher, was admitted as a member thereof some eight years ago. That March 16, 1886, one Hall made a complaint in writing against appellant, charging him with fraudulent conduct in business transactions, as a member of said corporation, and that, upon presentation of said complaint to the board of directors, the latter…
1Opinion of the CourtMcAllister, P. J.
The first question for consideration arises upon the position taken by counsel for appellant, and seemingly much relied upon, that whatever power to expel or disfranchise a member may have been given by the incorporating act of the Board of Trade, was conferred in terms upon the members of the corporation at large, that in its nature it was a power in trust, and could not. therefore, be delegated to a board of directors and exercised by a quorum of twelve of that body.
The authorities recognize a distinction, based upon reason, as respects the power of expulsion, between voluntary,…
2Cases cited3 opinions
- People Ex Rel. Bartlett v. Medical Society of ErieNew York Court of Appeals · 1865
- Baxter v. Board of TradeIllinois Supreme Court · 1876
- Fisher v. Board of TradeIllinois Supreme Court · 1875
3Cited by2 opinions
- Commonwealth v. Union LeagueSupreme Court of Pennsylvania · 1890
- Ryan v. LamsonAppellate Court of Illinois · 1892