Dewey v. Eckert
Illinois Supreme Court
"Writ op Error to the County Court of La Salle County ; the Hon. P. K. Leland, Judge, presiding. This was a hill in chancery by Jonas Eckert against Leroy D. Dewey, Eugene L. Dewey, and Sibbil J. Dewey.
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"Writ op Error to the County Court of La Salle County ; the Hon. P. K. Leland, Judge, presiding. This was a hill in chancery by Jonas Eckert against Leroy D. Dewey, Eugene L. Dewey, and Sibbil J. Dewey. It alleged a prior partnership between Eckert and Leroy D. Dewey, in the milling and grain business; its dissolution and the sale of Dewey’s interest to Eckert for $9,000, and the payment of the same, except a balance on the last note of $4,000, not then due; that during the partnership complainant executed a note with Dewey, for $619.50, for money borrowed by Dewey for his individual use;…
1Opinion of the CourtJustice Sheldon
The causes of action set forth in the bill were mere legal demands, for the collection of which there was an adequate remedy at law, by an action of assumpsit, as for money paid by Eckert on the account of Dewey at his request.
Admitting that the court below had jurisdiction to adjudge the indebtedness, as no objection to it was taken there, or that the court had jurisdiction to enforce a set-off of the claim upon the outstanding note against Eckert, in favor of Dewey, yet that would not justify the decree in respect to the lands described in the bill.
Eckert should first have reduced his…
2Cases cited3 opinions
- Greenway v. ThomasIllinois Supreme Court · 1853
- Getzler v. SaroniIllinois Supreme Court · 1857
- McConnel v. DicksonIllinois Supreme Court · 1867
3Cited by6 opinions
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Detroit Copper & Brass Rolling Mills v. LedwidgeIllinois Supreme Court · 1896
- Ayres v. Graham Steamship Coal & Lumber Co.Appellate Court of Illinois · 1909
- Engel v. SalomonAppellate Court of Illinois · 1891
- Turner Bros. v. Alabama Mining & Manufacturing Co.Appellate Court of Illinois · 1887
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