Preston v. Spaulding
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. T. A. Mohan, Judge, presiding. This was a bill in chancery brought' by Jesse Spaulding to rescind certain sales of lumber made by him to the firm of Hair & Odiorne, and to restrain proceedings under certain judgments by confession against said firm, and for a receiver.
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Appeal from the Circuit Court of Cook county; the Hon. T. A. Mohan, Judge, presiding. This was a bill in chancery brought' by Jesse Spaulding to rescind certain sales of lumber made by him to the firm of Hair & Odiorne, and to restrain proceedings under certain judgments by confession against said firm, and for a receiver. On the 31st day of October, 1882, said firm of Hair & Odiorne, consisting of James A. Hair, Samuel G. Hair and "William H. Odiorne, being largely indebted to the complainant and various other parties, and really insolvent, and it being apparent that, because of the…
1Opinion of the CourtBailey, P. J.
In this case the question is presented, in limine, whether the court below had jurisdiction, either under the original bill or the cross-bill, to grant the relief prayed for. Spaulding, the complainant in the original bill, seeks relief in two different forms, and dependent upon different principles. First, as to a portion of his transactions with Hair & Odióme, he tiles his bill as a vendor, to obtain a rescission of the contract of sale for fraud, and a restoration to him of the property sold. As to the residue of said transactions, he assumes the attitude of a creditor, seeking to have…
2Cases cited3 opinions
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Freydendall v. BaldwinIllinois Supreme Court · 1882
- Van Patten v. BurrSupreme Court of Iowa · 1879
3Cited by1 opinion
- Reticker v. Katzenstein & WachtelAppellate Court of Illinois · 1888