Marshall v. Keach
Illinois Supreme Court
Appeal from the Circuit Court of Clark county; the Hon. E. R. E. Kimbrough, Judge, presiding. On February 14, 1906, a contract was entered into between appellant and appellee whereby the latter agreed to trade his farm of one hundred and sixty acres in Clark county, Illinois, for one hundred shares of stock of the Marshall AVarehouse Company and $8800 additional, making the total consideration for the farm $20,000. Appellant owned all but two shares of stock of the said…
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Appeal from the Circuit Court of Clark county; the Hon. E. R. E. Kimbrough, Judge, presiding. On February 14, 1906, a contract was entered into between appellant and appellee whereby the latter agreed to trade his farm of one hundred and sixty acres in Clark county, Illinois, for one hundred shares of stock of the Marshall AVarehouse Company and $8800 additional, making the total consideration for the farm $20,000. Appellant owned all but two shares of stock of the said warehouse company, which was located in Charleston, Coles county, Illinois. The contract contained, among others, the…
1Opinion of the CourtJustice Carter
The main question in this case is whether, under the terms of the contract, appellant, directly or by implication, warranted that the Marshall Warehouse Company was a corporation de jure. Appellant contends that under the contract in question he gave no direct or implied warranty that the capital stock that he was selling was that of a corporation de jure; ' that the seller of negotiable securities of this •kind only warrants that they belong to him and that they are not forgeries. He also contends that the Marshall Warehouse Company was a de facto corporation, and that the appellee is not in…
2Cases cited16 opinions
- Gibson v. BrownIllinois Supreme Court · 1905
- Otis v. Cullum, ReceiverSupreme Court of the United States · 1876
- Bushnell v. Consolidated Ice Machine Co.Illinois Supreme Court · 1891
- American Loan & Trust Co. v. Minnesota & Northwestern RailroadIllinois Supreme Court · 1895
- Fowler v. FowlerIllinois Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cohn v. Weiss Et Ux.Supreme Court of Pennsylvania · 1947
- Imperial Building Co. v. Chicago Open Board of TradeIllinois Supreme Court · 1908
- Zempel v. HughesIllinois Supreme Court · 1908
- Dean & Son, Ltd. v. W. B. Conkey Co.Appellate Court of Illinois · 1913
- Federal Chemical Co. v. PaddockCourt of Appeals of Kentucky (pre-1976) · 1936
21 more not listed; retrieve them via the Exa API.