Selz, Schwab & Co. v. Guthman
Appellate Court of Illinois
Bill for Contribution.—Appeal ■ from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an action brought in equity by appellants against appellees, for contribution.
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Bill for Contribution.—Appeal ■ from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. This is an action brought in equity by appellants against appellees, for contribution. For some time prior to December 28, 1887, one Henry Cahn had been engaged in the mercantile business at West Superior, in the State of Wisconsin; on the date last aforesaid he made and executed two chattel mortgages; one to Lazarus Silverman, to secure the payment of his promissory note, dated December 28, 1887, for $550,…
1Opinion of the CourtJustice Waterman
It is urged in behalf of appellees Wyman, Partridge and Coykendall, that as the proceedings out of which the present action arose were had in the State of Wisconsin, the laws of Wisconsin must govern the consideration of this case, and that appellants have failed to show any law of the State of Wisconsin corresponding to the law of Illinois, providing that creditors attaching at the same term of court shall pro rate as to proceeds.
Mo evidence was given showing what the laws of the State of Wisconsin are, and in the absence of such evidence we must presume that the common law prevails there.…
2Cases cited6 opinions
- Farwell v. BeckerIllinois Supreme Court · 1889
- Nelson v. CookIllinois Supreme Court · 1856
- Nelson v. CookIllinois Supreme Court · 1858
- Clark v. RandallWisconsin Supreme Court · 1859
- Gower v. EmerySupreme Judicial Court of Maine · 1841
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3Cited by3 opinions
- Johnston v. SuckowAppellate Court of Illinois · 1977
- Grimes v. TaylorAppellate Court of Illinois · 1901
- Weir v. Hum TongMontana Supreme Court · 1935