Legal Opinion

Coates v. Cunningham

Illinois Supreme Court

Decided September 15, 1875PublishedCited by 21 opinions

Writ of Error to the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, filed by Alexander Cunningham, for himself and in behalf of all other creditors of the Bank of Chicago, against Isaac P. Coates, the Bank of Chicago, the president of the bank, and others. The object of the hill is stated in the opinion.

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Writ of Error to the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This was a bill in chancery, filed by Alexander Cunningham, for himself and in behalf of all other creditors of the Bank of Chicago, against Isaac P. Coates, the Bank of Chicago, the president of the bank, and others. The object of the hill is stated in the opinion. The defendant in error moved the court to dismiss the writ of error, for the reason that it did not lie in such a case as this.

1Opinion of the CourtJustice Scholfield

The attempt is here made to prosecute a writ of error upon a decree appointing a receiver.

The prayer of the bill is, that after the assets of the bank shall be exhausted, the several stockholders shall be decreed to pay the balance of complainant’s judgment, gyro rata; that a receiver be appointed; that the defendant, The Third ¡National Bank of Chicago, be decreed to deliver to the receiver the surplus of collaterals; that the assignment to Coates be declared void, and he be decreed to release the property held by him to the receiver; that the assets of the bank be applied to the payment of…

2Cases cited2 opinions

  1. Ellicott v. WarfordCourt of Appeals of Maryland · 1853
  2. Woodside v. WoodsideIllinois Supreme Court · 1859

3Cited by21 opinions

  1. Matarazzo v. HustisDistrict Court, N.D. New York · 1919
  2. Tolman v. JonesIllinois Supreme Court · 1885
  3. Chicago Steel Works v. Illinois Steel Co.Illinois Supreme Court · 1894
  4. Town of Vandalia v. St. Louis, Vandalia & Terre Haute R. R.Illinois Supreme Court · 1904
  5. Reardon v. YoungquistAppellate Court of Illinois · 1914

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