Legal Opinion

Jarvis v. Binkley

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 12 opinions

Appeal from the Appellate Court for ,the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. The bill filed in this case sets up the following facts: Monroe K. Binkley, the complainant, is a grocer, doing business in Chicago.

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Appeal from the Appellate Court for ,the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. The bill filed in this case sets up the following facts: Monroe K. Binkley, the complainant, is a grocer, doing business in Chicago. Prior to October 1, 1897, he had furnished groceries and provisions, to the value of $550, to Nancy P. Coburn and her daughter, Ada B. Jarvis, which groceries and provisions were used by them as members of one family, for their joint and separate use and sustenance and upon their joint and several…

1Opinion of the CourtJustice Ricks

The equities in this case are so clearly with the appellee, Binkley, that the determination of the rights depend upon the question whether the provisions of the charter have any effect to nullify the agreement executed by Mrs. Coburn, Mrs. Jarvis and Binkley. It is clear that the agreement was, per se, a valid one, being made for a good and valuable consideration; that the agreement was entered into at the instance of Mrs. Coburn and Mrs. Jarvis, and that Binkley was guilty of no unconscionable act or over-reaching conduct whatever. It accordingly follows that in order to defeat the equitable…

2Cases cited3 opinions

  1. Crum v. SawyerIllinois Supreme Court · 1890
  2. McGrew v. McGrewIllinois Supreme Court · 1901
  3. Pomeroy v. Manhattan Life InsuranceIllinois Supreme Court · 1866

3Cited by12 opinions

  1. Gurnett v. Mutual Life InsuranceIllinois Supreme Court · 1934
  2. Kerr v. CraneMassachusetts Supreme Judicial Court · 1912
  3. Ptacek v. PisaIllinois Supreme Court · 1907
  4. Carpenter v. Modern Woodmen of AmericaSupreme Court of Iowa · 1913
  5. Brown v. Modern Woodmen of AmericaSupreme Court of Kansas · 1916

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