Chase v. New York Insulated Wire Co.
Appellate Court of Illinois
Memorandum.—Injunction. Appeal from a decree of the Circuit Court of Cook County; the Hon. Thomas B. Windes, Judge, presiding. Submitted at the October term, 1894. Statement of the Case. On March 10, 1887, Chase & Sanborn, the defendants, leased of Marshall Field, through his agent and attorney, Henry Dibblee, the building known as 78, 80 and 82 Franklin street, Chicago, for the period of five years, for the purpose of a “ wholesale coffee business and coffee roasting.”
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Memorandum.—Injunction. Appeal from a decree of the Circuit Court of Cook County; the Hon. Thomas B. Windes, Judge, presiding. Submitted at the October term, 1894. Statement of the Case. On March 10, 1887, Chase & Sanborn, the defendants, leased of Marshall Field, through his agent and attorney, Henry Dibblee, the building known as 78, 80 and 82 Franklin street, Chicago, for the period of five years, for the purpose of a “ wholesale coffee business and coffee roasting.” Subsequent to this time, and prior to May 1, 1891, Chase & . Sanborn, for the purpose of their business, placed in the…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
We think it clearly appears that the removal of this floor would not leave the building in as good a condition as it was before it was constructed. The preponderance of the evidence is to that effect.
A substantial cutting into the brick supporting walls of the building was made by appellants, and while it may be the case that the wall would be and is amply strong in the absence of the brick removed by appellants, we do not think that as to a material interference with supporting walls the court.is bound to consider nicely as to…
2Cases cited3 opinions
- Ogden v. StockIllinois Supreme Court · 1864
- Leman v. BestAppellate Court of Illinois · 1889
- Spinney v. BarbeAppellate Court of Illinois · 1892
3Cited by2 opinions
- Northwestern Lumber & Wrecking Co. v. ParkerSupreme Court of Minnesota · 1914
- Hinkle v. Bass Furn. & Carpet Co.Supreme Court of Oklahoma · 1926