Holmes v. McDonald
Illinois Supreme Court
Writ oe Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. ICavanagh, Judge, presiding. Plaintiffs in error filed a bill in the superior court of Cook county against defendants in error and other trustees of the Chicago Society for Savings, praying an accounting from such trustees and for the appointment of a receiver for the trust property.
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Writ oe Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. M. ICavanagh, Judge, presiding. Plaintiffs in error filed a bill in the superior court of Cook county against defendants in error and other trustees of the Chicago Society for Savings, praying an accounting from such trustees and for the appointment of a receiver for the trust property. Early in 1899 defendants in error, together with George B. Lathrop, A. R. Moulton, G. A. Armstrong, and other persons, entered into a written agreement for the…
1Opinion of the CourtJustice Carter
From the facts shown by the record, as indicated by the above statement of the case, it is manifest that this decision depends very largely upon the construction to be given to article 5 of the agreement, heretofore set out verbatim. The society was created by these articles of agreement. Defendants in error, with others, were made trustees thereunder. Each of the plaintiffs in error signed the agreement and became a party to it. It is admitted that there is no evidence in the record that defendants in error were guilty of “willful, corrupt misconduct.” Did they carry out their agreement in…
2Cases cited1 opinion
- Briggs v. SpauldingSupreme Court of the United States · 1891
3Cited by3 opinions
- Kelley v. BaggottAppellate Court of Illinois · 1933
- Daniels v. BerrySupreme Court of South Carolina · 1929
- Estabrook v. International Trust Co.Massachusetts Supreme Judicial Court · 1917