Legal Opinion

Union National Bank v. Goetz

Illinois Supreme Court

Decided June 15, 1891PublishedCited by 37 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Egbert Jamieson, Judge, presiding. The original bill in this case was by appellee Goetz, against Louis W. Beiss, to settle a co-partnership between them in a mercantile business in the city of Chicago, under the firm name of John W. Goetz & Co. The bill alleges the insolvency of the firm, prays the appointment of a receiver, and that all the effects of the co-partnership be ordered to be turned over to and sold by him, and the debts of the co-partnership…

1Opinion of the CourtJustice Wilkin

The doctrine sought to be invoked by the complainant in this cross-bill is purely and strictly an equitable doctrine, adopted by courts of chancery only in cases of necessity, to prevent injustice and wrong. That the relation existing between the parties to the. loans mentioned, as created by their contract, was that of debtor and creditor, must be conceded. The most that can be or is claimed by the appellant is, that on account of false representations made by the borrowers such contract was voidable, at its option, for fraud. When the fraud was discovered does not appear, and there is no…

2Cases cited7 opinions

  1. Englar v. OffuttCourt of Appeals of Maryland · 1889
  2. Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
  3. School Trustees v. KirwinIllinois Supreme Court · 1860
  4. First National Bank v. SchweenIllinois Supreme Court · 1889
  5. Clapp v. EmeryIllinois Supreme Court · 1881

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3Cited by37 opinions

  1. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  2. Woodhouse v. CrandallIllinois Supreme Court · 1902
  3. In Re Possession & Control of the Commissioner of BanksAppellate Court of Illinois · 2001
  4. Mutual Accident Ass'n of the Northwest v. JacobsIllinois Supreme Court · 1892
  5. Wetherell v. O'BrienIllinois Supreme Court · 1892

32 more not listed; retrieve them via the Exa API.

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