James T. Hair Co. v. Daily
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. S. Tuthill, Judge, presiding. Appellant, a corporation organized under the laws of the State of Illinois, with its principal office in the city of Chicago, has, since November, 1893, been engaged in the business of manufacturing hotel registers, and soliciting and publishing therein advertisements and business cards in various towns and cities in the United States and Canada. It also solicits and makes contracts for advertisements and cards of manufacturers,…
1Opinion of the CourtJustice Phillips
It is urged that a complete remedy at law exists, and by reason of the oath being waived to the answer there is no jurisdiction for discovery. It is a general rule that in matters of account courts of equity have a general jurisdiction where there are mutual accounts, and also where the accounts are on one side and a discovery is sought and is material to the relief prayed. (1 Story’s Eq. Jur. sec. 459.) Where an account is of a complex and intricate character, and where a fiduciary relation exists, a bill for accounting will lie. (Patten v. Patten, 75 Ill. 446; Craig v. McKinney, 72 id. 305;…
2Cases cited5 opinions
- Brown v. Scottish-American Mortgage Co.Illinois Supreme Court · 1884
- Patten v. PattenIllinois Supreme Court · 1874
- Clarke v. PierceMichigan Supreme Court · 1883
- Judevine v. Town of HardwickSupreme Court of Vermont · 1876
- Glover v. LaytonIllinois Supreme Court · 1893
3Cited by10 opinions
- Bauerle v. LongIllinois Supreme Court · 1896
- Billboard Publishing Co. v. McCarahanAppellate Court of Illinois · 1909
- Central Illinois Public Service Co. v. SchellAppellate Court of Illinois · 1925
- East Peoria Elevator Co. v. Geo. W. Cole Grain Co.Appellate Court of Illinois · 1958
- Farrand v. LongIllinois Supreme Court · 1900
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