Hancock v. Yunker
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. Appellant sued appellees in an action of covenant in the court below, on an instrument of which the following is a copy: “ This indenture, made this 3d day of January, A. D. 1866, between Charles L. Hancock, of Chicago, Cook county, Illinois, of the first part, and the Chicago Literary Association, of the city of Chicago, Cook county, Illinois, of the second part, “ Witnesseth: That the…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. Appellant sued appellees in an action of covenant in the court below, on an instrument of which the following is a copy: “ This indenture, made this 3d day of January, A. D. 1866, between Charles L. Hancock, of Chicago, Cook county, Illinois, of the first part, and the Chicago Literary Association, of the city of Chicago, Cook county, Illinois, of the second part, “ Witnesseth: That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be…
1Opinion of the CourtJustice Soholfield
Two questions are presented by this record for our determination:
First—Does the covenant in the lease to pay rent purport to be the covenant of the defendants, individually?
Second—If the defendants did not, in fact, bind a legally organized corporation by the terms of the lease, are they, themselves, liable to an action of covenant upon it?
As to the first point, we think it clear the covenants in the lease, on behalf of the lessee, do not purport to be the covenants of the defendants, individually. N. W. Distilling Co. v. Brant, 69 Ill. 658. The case is not analogous to Powers v. Briggs et…
2Cases cited4 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Powers v. BriggsIllinois Supreme Court · 1875
- Northwestern Distilling Co. v. BrantIllinois Supreme Court · 1873
- Duncan, Sherman & Co. v. NilesIllinois Supreme Court · 1863
3Cited by6 opinions
- Denver Brick & Manuf'g Co. v. McAllisterSupreme Court of Colorado · 1882
- Seeberger v. McCormickIllinois Supreme Court · 1899
- Neufeld v. BeidlerAppellate Court of Illinois · 1890
- Everett v. John Sexton & Co.Appellate Court of Illinois · 1935
- Walker v. KesnerAppellate Court of Illinois · 1899
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