Legal Opinion

Chicago Trust & Savings Bank v. Ball

Illinois Supreme Court

Decided February 17, 1904Published

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tulev, Judge, ■ presiding. On February 26, 1892, Joseph Charboneau exhibited his bill in the circuit court of Cook county against the appellant the Chicago Trust and Savings Bank, Daniel H. Tolman and the Midland Company for injunction and relief.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tulev, Judge, ■ presiding. On February 26, 1892, Joseph Charboneau exhibited his bill in the circuit court of Cook county against the appellant the Chicago Trust and Savings Bank, Daniel H. Tolman and the Midland Company for injunction and relief. By a supplemental bill the appellants Cornelia T. Williams and Delmon W. Horton were made defendants. Pending the litigation, and after the bill and the amended bills had been filed and the evidence taken…

1Opinion of the CourtJustice Ricks

This case and the case of Anderson v. Chicago Trust and Savings Bank, 195 Ill. 341, are, as far as we are able to determine from a careful review of the record, alike in all substantial features, and grow out of the same fraudulent conduct and combinations between Tolman and the appellant bank and the Midland Company that are shown in the cases of Murray v.Tolman, 162 Ill. 417, and Tolman v. Coleman, 104 Ill. App. 70.

That the organization, of the Midland Company was an unmitigated fraud, for the purpose of enabling Tolman and the appellant bank to profit by usury under the pretense of…

2Cases cited3 opinions

  1. Murray v. TolmanIllinois Supreme Court · 1896
  2. Anderson v. Chicago Trust & Savings BankIllinois Supreme Court · 1902
  3. Tolman v. ColemanAppellate Court of Illinois · 1902

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