Legal Opinion

Whalen v. Stephens

Illinois Supreme Court

Decided October 24, 1901PublishedCited by 30 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. Charles G. Neely, Judge, presiding. In deciding this case the Appellate Court made the following statement of facts: “January 10,1899, Thomas C. Stephens, appellee, filed a bill against appellant, William Whalen, and appellee Charles Lay and Albert W. Barnum, for an accounting and dissolution of partnership between Stephens, Lay and Whalen.

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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. Charles G. Neely, Judge, presiding. In deciding this case the Appellate Court made the following statement of facts: “January 10,1899, Thomas C. Stephens, appellee, filed a bill against appellant, William Whalen, and appellee Charles Lay and Albert W. Barnum, for an accounting and dissolution of partnership between Stephens, Lay and Whalen. The bill alleges that the following was the agreement of partnership: “ ‘This agreement, made this 12th day of August,…

1Per curiam

In deciding this case the Appellate Court delivered the following opinion:

“The chief question in controversy is whether appellees, Stephens and Lay, have any interest in the stock of the Whalen Consolidated Copper Mining Company. Complainant and Lay claim that they have each one-third interest in said stock. Appellant claims the stock is wholly his, and that appellees have no interest whatever in it. There is no controversy between the parties as to the amount of the Whalen company stock in question.
“The Whalen company is an Illinois corporation, and' its capital stock, the number of shares…

2Cases cited9 opinions

  1. Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
  2. Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
  3. Moyer v. SwygartIllinois Supreme Court · 1888
  4. Prince v. CutlerIllinois Supreme Court · 1873
  5. Leavers v. ClearyIllinois Supreme Court · 1874

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3Cited by30 opinions

  1. Armstrong Paint & Varnish Works v. Continental Can Co.Illinois Supreme Court · 1921
  2. Cedar Park Cemetery Ass'n v. Village of Calumet ParkIllinois Supreme Court · 1947
  3. Weger v. Robinson Nash Motor Co.Illinois Supreme Court · 1930
  4. Green v. National Advertising & Amusement Co.Supreme Court of Minnesota · 1917
  5. Ferrick v. BarryMassachusetts Supreme Judicial Court · 1946

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