Smith v. Estate of Preston
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. E. F. Dunne, Judge, presiding. This is an appeal from the Appellate Court for the First District modifying a judgment of the circuit court of Cook county, in which circuit court the case was heard on appeal from the probate court.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an appeal from the Appellate Court for the First District modifying a judgment of the circuit court of Cook county, in which circuit court the case was heard on appeal from the probate court. The appellant herein, C. L. Smith, filed his claim in the probate court of Cook county against the estate of Everett B. Preston for the sum of §6820.10, and on a trial was allowed §207.91 as a claim of the seventh class. The claimant…
1Opinion of the CourtJustice Carter
The contract involved in this suit was before this court in the case of Preston v. Smith, 156 Ill. 359, Smith having sued Preston for the amount due for two years’ royalties under the contract. The appellant claims that the decision in that case bars the appellee from insisting upon the defenses sought to be set up in this action. But the questions in that case were different from those presented here. There it was held merely that Preston was bound to pay Smith $450 per annum for the two years during which Preston, before his death, had failed to pay, even though he did not manufacture or…
2Cases cited6 opinions
- Oliver v. Rumford Chemical WorksSupreme Court of the United States · 1883
- Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
- Janin v. BrowneCalifornia Supreme Court · 1881
- Shultz & Co. v. Johnson's AdministratorCourt of Appeals of Kentucky · 1845
- Preston v. SmithIllinois Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Nonnast v. Northern Trust Co.Illinois Supreme Court · 1940
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Martin Emerich Outfitting Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1908
- Browne v. FairhallMassachusetts Supreme Judicial Court · 1913
- Campbell v. FaxonSupreme Court of Kansas · 1906
15 more not listed; retrieve them via the Exa API.