Gore v. Kramer
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Henry M. Shepard, Judge, presiding. This was a hill in equity, by appellants, against Emanuel Kramer, Nathan Kramer and Samuel Loebstein, composing the firm of Kramer Bros. & Co., in which it is alleged that said firm of Kramer Bros. & Co. was formed on or about November 1, 1882, for the purpose of conducting a wholesale hat business, and was to continue for three years; that they started with an alleged capital of $76,000, of which Nathan Kramer put in…
1Opinion of the CourtJustice Soholfield
delivered -the opinion of the Court:
This is not, as was Henshaw v. Bryant, 4 Scam. 97, cited by counsel for appellants, a bill to rescind a contract of sale and restore the property obtained under it. Under the facts alleged here, the property could not be restored, and the primary object of the bill is simply to recover a debt, first cancelling the contract of sale for fraud, and then obtaining a decree for the payment of the value of the goods. It is not contended that this could not be done at law, and it is clear that if the contract of sale was fraudulent, an action at law would lie for…
2Cases cited3 opinions
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Shufeldt v. BoehmIllinois Supreme Court · 1880
- Puterbaugh v. ElliottIllinois Supreme Court · 1859
3Cited by22 opinions
- In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker and Theodore LieblichCourt of Appeals for the Seventh Circuit · 1997
- Detroit Copper & Brass Rolling Mills v. LedwidgeIllinois Supreme Court · 1896
- Shenehon v. Illinois Life InsuranceAppellate Court of Illinois · 1902
- Brabrook Tailoring Co. v. Belding Bros.Appellate Court of Illinois · 1891
- Schack v. McKeyAppellate Court of Illinois · 1901
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