Webster v. Nichols
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. William H. Barntjm, Judge, presiding.
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Writ of Error to the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. William H. Barntjm, Judge, presiding. This was a bill in equity by John Hutchinson, as guardian of the estate of Catharine W. Haven and Alice Haven, minors, and Annie E. Nichols, in her own right, against Abiah G. Webster, Christopher C. Webster, and Seth Gage, in which, among other things, it was alleged, that prior to the appointment of Hutchinson as such guardian, said Annie E. Nichols was the guardian of said minors; that whilst she was guardian,…
1Opinion of the CourtJustice Scholeield
The clause in the lease providing that the premises shall not be assigned without the written assent of the lessors, is clearly for the benefit of the lessors only. It does not render the assignment, when otherwise made, absolutely void, but voidable only, at the option of the lessors or their representatives. But even if the lessors, instead of here attempting, as they now are, to enforce rights under an assignment otherwise made, were attempting to have such an assignment declared void, they could not succeed. They have knowingly accepted rent from Abiah G. Webster since she has been in…
2Cases cited19 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Allen v. CulverNew York Supreme Court · 1846
- Clinton Wire Cloth Co. v. GardnerIllinois Supreme Court · 1881
- Butt v. EllettSupreme Court of the United States · 1874
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3Cited by68 opinions
- Sexton v. Chicago Storage Co.Illinois Supreme Court · 1889
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Matchett v. RoseAppellate Court of Illinois · 1976
- Willoughby v. LawrenceIllinois Supreme Court · 1886
- Kaybill Corp., Inc. v. CherneAppellate Court of Illinois · 1974
63 more not listed; retrieve them via the Exa API.