Becker v. Farwell
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Murray F, Tulby, Judge, presiding. This was a bill in chancery brought by John Y. Farwell and others, co-partners under the firm name of John Y. Farwell & Company, against Gerhard Becker and Elbert W. Shirk, to compel contribution in respect to certain judgments rendered in the State of Iowa.
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Appeal from the Circuit Court of Cook County; the Hon. Murray F, Tulby, Judge, presiding. This was a bill in chancery brought by John Y. Farwell and others, co-partners under the firm name of John Y. Farwell & Company, against Gerhard Becker and Elbert W. Shirk, to compel contribution in respect to certain judgments rendered in the State of Iowa. The cause being heard on pleading s and proofs, a decree was rendered in accordance with the prayer of the bill, and the defendants have appealed to this court. The facts, as disclosed by the pleadings and proofs, so far as they are material, are…
1Opinion of the CourtBailey, J.
It is objected that the enforcement of contribution is properly a matter of legal cognizance, and that a court of equity, therefore, has no jurisdiction. The right to contribution does not arise out of any contract or agreement between the parties, but from the principle of equity, that where two or more persons are subject to a common burden, it shall be borne by them according to their respective interests. Glolsen v. Brand, 75 Ill. 148; Griffeth v. Robinson, 14 Ill. App. 377; Drummond v. Yager, 10 Ill. App. 380. This principle is so universally acknowledged that persons acting under…
2Cases cited7 opinions
- Bailey v. BussingSupreme Court of Connecticut · 1859
- Coventry v. BartonNew York Supreme Court · 1819
- Nelson v. CookIllinois Supreme Court · 1856
- Golsen v. BrandIllinois Supreme Court · 1874
- Nichols v. NowlingIndiana Supreme Court · 1882
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