Union National Bank v. Goetz
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. A hill was filed by John W. Goetz against his partner, Louis W. lteiss, asking for a dissolution of partnership and a winding up of the firm affairs, the firm being insolvent, the appointment of a receiver, etc. A receiver was appointed, and on the application of the Hnion ¡National Bank it was made a party to the suit with leave to answer and file a cross-bill.
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Appeal from the Superior Court of Cook County; the Hon. Egbert Jamieson, Judge, presiding. A hill was filed by John W. Goetz against his partner, Louis W. lteiss, asking for a dissolution of partnership and a winding up of the firm affairs, the firm being insolvent, the appointment of a receiver, etc. A receiver was appointed, and on the application of the Hnion ¡National Bank it was made a party to the suit with leave to answer and file a cross-bill. The cross-bill filed alleges in substance as follows : That on January 22, 1888, the defendants Goetz and ¡Reiss were and for a long time prior…
1Opinion of the CourtMoran, J.
The facts stated in the cross-bill show that the transactions of the parties created between them the relation of debtor and creditor. The loan was obtained by making false representations; but the fact that the subject of the transaction was money instead of merchandise, permits no distinction as to the principle that is to govern. If, for greater clearness of illustration, we suppose that 815,000 worth of goods had been obtained from complainants on credit on the same false representations that induced the loan, and that said goods had been sold and the proceeds of them had gone with other…
2Cases cited2 opinions
- School Trustees v. KirwinIllinois Supreme Court · 1860
- Wilson v. KirbyIllinois Supreme Court · 1878
3Cited by4 opinions
- Jenkins v. Mercantile Mortgage Co.District Court, N.D. Illinois · 2002
- National Park Bank of New York v. HalleAppellate Court of Illinois · 1891
- Wetherell v. O'BrienAppellate Court of Illinois · 1891
- Richelieu Hotel Co. v. MillerAppellate Court of Illinois · 1893