Calumet Paper Co. v. Knight & Leonard Co.
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthonv, Judge, presiding. In May, 1889, the Charles J. Johnson & Co. Company was indebted to appellant to the amount of about $1,200, and appellant was:pressing for payment. Johnson was also indebted to other creditors, among them, appellee, to whom Jphnson & Co. was owing $903.39 for rent and press work. For this a ninety-day note was given to appellee on May 15th.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthonv, Judge, presiding. In May, 1889, the Charles J. Johnson & Co. Company was indebted to appellant to the amount of about $1,200, and appellant was:pressing for payment. Johnson was also indebted to other creditors, among them, appellee, to whom Jphnson & Co. was owing $903.39 for rent and press work. For this a ninety-day note was given to appellee on May 15th. About May 18th a levy was made on the property of Johnson & Co., in favor of Marder, Fuse & Co., to the amount of $400, which amount appellee paid and took from…
1Opinion of the CourtWaterman, P. J.
No plea of nul tiel corporation having been filed, it was not necessary that the plaintiff below make proof of its corporate existence. Nor' was it necessary that the plaintiff should show that at the acknowledgment of the mortgage, the justice made the entry in his docket, which, by the statute, it was his duty to make. Harlow v. Berger, 30 Ill. 425.
It was clearly proven that at the time of the making of the mortgage Johnson & Go. were already indebted to appellee to an amount exceeding §1,300. The Johnson & Co. Company was also liable to appellee for rent that would accrue upon alease that…
2Cases cited4 opinions
- Johnson v. HollowayIllinois Supreme Court · 1876
- Harlow v. BirgerIllinois Supreme Court · 1863
- Ambler v. TraverAppellate Court of Illinois · 1878
- Hartman v. CochraneAppellate Court of Illinois · 1878
3Cited by1 opinion
- Woodward v. DonovanAppellate Court of Illinois · 1912