Fritze v. Equitable Building & Loan Society
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This is an action of assumpsit, brought by the appellant, James P. Fritze, for the use of M. N. Gish, against the appellee, the Equitable Building and Loan Society of Peoria, to recover for services alleged to have been rendered to appellee under a written contract.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding. This is an action of assumpsit, brought by the appellant, James P. Fritze, for the use of M. N. Gish, against the appellee, the Equitable Building and Loan Society of Peoria, to recover for services alleged to have been rendered to appellee under a written contract. The declaration as finally amended consists of a special count upon the contract and the common counts. The defendant filed the general issue and three special…
1Opinion of the CourtJustice Magruder
The first question, presented by the record in this case, relates to the validity-of the amendment to the bylaws, adopted on April 21, 1892, and quoted as section 6 of article 3 of the by-laws in the statement preceding this opinion. If this by-law was invalid, then the office of manager of agencies did not lawfully exist, and the appointment of the appellant, Fritze, as such manager of agencies, and the contract made with him on May 2, 1892, were equally invalid.
Section 1 of the act of July 1, 1879, relating to building and loan associations, provides for the filing in the office of the…
2Cases cited12 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Oregon Railway & Navigation Co. v. Oregonian Railway Co.Supreme Court of the United States · 1889
- National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Voorhees v. MasonIllinois Supreme Court · 1910
- Ca 79-2939 Carondelet Savings & Loan Association, Plaintiff-Cross v. Citizens Savings & Loan Association, Defendant-CrossCourt of Appeals for the Seventh Circuit · 1979
- Africani Home Purchase & Loan Ass'n v. CarrollIllinois Supreme Court · 1915
- Allen v. Chicago Undertakers' Ass'nIllinois Supreme Court · 1908
- Millard County School Dist. v. State Bank of Millard CountyUtah Supreme Court · 1932
23 more not listed; retrieve them via the Exa API.