Rowell v. Chandler
Illinois Supreme Court
Writ oe Error to the Circuit Court of Will county; the Hon. Josiah MoRoberts, Judge, presiding. This was an action of assumpsit, brought by George Chandler, receiver of the Lamar Insurance Company, against Hopkins Rowell, to recover of him as a stockholder of the insurance company.
1Per curiam
Under the decision in Chandler v. Brown, 77 Ill. 333, the special count in this declaration is bad, and, without discussing the questions raised, we will make reference to the opinion in that case for an expression of our views.
But the declaration in the case at bar contains also the common counts, and, as judgment was rendered against defendant by default, we must presume proof was made that plaintiff was appointed receiver under a decree to which defendant was a party, and therefore conclusive upon him. If so, that would enable plaintiff to bring suit in his own name as such receiver, under…
2Cases cited1 opinion
- Chandler v. BrownIllinois Supreme Court · 1875
3Cited by2 opinions
- French v. BakerAppellate Court of Illinois · 1886
- Robinson v. RaulstonAppellate Court of Illinois · 1889