Legal Opinion

Kelly v. Carroll

Appellate Court of Illinois

Decided December 30, 1921No. Gen. No. 26,771PublishedCited by 18 opinions

Appeal from the Municipal Court of Chicago; the Hon. Asa G. Adams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1921.

1Opinion of the CourtJustice Morrill

The statement of claim charges that the defendants are indebted to plaintiff in the sum of $371.40, being money alleged to have been wrongfully withheld from plaintiff, consisting of rents collected by defendants as plaintiff’s agents. The affidavit of merits does not deny the withholding of the money, but claims that it is held by defendants in part payment of commissions earned by them and for expenditures incurred by them on behalf of plaintiff. Defendants filed a claim of set-off, alleging that on May 1, 1918, they made a contract with, plaintiff, who was the owner of several apartment…

2Cases cited4 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
  2. Bissell v. RyanIllinois Supreme Court · 1860
  3. Klaub v. VokounAppellate Court of Illinois · 1912
  4. Swern v. ChurchillAppellate Court of Illinois · 1910

3Cited by18 opinions

  1. Parkway Baking Co. v. Freihofer Baking Co.Court of Appeals for the Third Circuit · 1958
  2. National Diamond Syndicate, Inc., Cross-Appellant v. United Parcel Service, Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
  3. Gord Industrial Plastics, Inc. v. Aubrey Manufacturing, Inc.Appellate Court of Illinois · 1984
  4. Chicago Bridge & Iron Co. v. Reliance InsuranceIllinois Supreme Court · 1970
  5. Traff v. FabroAppellate Court of Illinois · 1949

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