Ball v. Hooten
Illinois Supreme Court
Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Plaintiffs were creditors of the firm of Fitzsimmons & Co. That firm was composed of Patrick Fitzsimmons and Edward Galligan. After the death of Galligan, which occurred in March, 1870, defendant was appointed administrator, and took upon himself the burden of the administration Of the estate.
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Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. Plaintiffs were creditors of the firm of Fitzsimmons & Co. That firm was composed of Patrick Fitzsimmons and Edward Galligan. After the death of Galligan, which occurred in March, 1870, defendant was appointed administrator, and took upon himself the burden of the administration Of the estate. The surviving partner took possession of the assets of the firm, and proceeded to sell the stock on hand and to collect accounts due the firm. That he paid debts owing by the firm, is proven, but upon the…
1Opinion of the CourtJustice Scott
There having been two verdicts for defendant, we should be unwilling to reverse the judgment if we could know the jury were not misled by an instruction given for defendant.
Three distinct defenses were made—first, that no bona fide claim in favor of plaintiffs, against the firm of Fitzsimmons & Co., ever existed; second, that if such claim ever did.exist, it had been paid, and third, whether it had been paid or not, plaintiffs are estopped, by their own conduct, from prosecuting it against the estate of Galligan. A finding for defendant on either proposition would be conclusive of the whole…
2Cases cited2 opinions
- Hefner v. VandolahIllinois Supreme Court · 1871
- Hardin v. CrateIllinois Supreme Court · 1875
3Cited by4 opinions
- Springfield Marine Bank v. MarboldAppellate Court of Illinois · 1931
- Talcott v. BrackettAppellate Court of Illinois · 1880
- Mateer v. GreenAppellate Court of Illinois · 1889
- Nichols v. MurphyAppellate Court of Illinois · 1890