Grunenberg v. Smith
Appellate Court of Illinois
Bill to Foreclose a Chattel Mortgage.—Error to the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. The original bill in this case was filed to enjoin the police ° of the city of Chicago and the defendant, Grunenberg, and her solicitor, from interfering with the defendant in error in the foreclosure of a chattel mortgage. A preliminary injunction was granted.
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Bill to Foreclose a Chattel Mortgage.—Error to the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the March term, 1895. Statement of the Case. The original bill in this case was filed to enjoin the police ° of the city of Chicago and the defendant, Grunenberg, and her solicitor, from interfering with the defendant in error in the foreclosure of a chattel mortgage. A preliminary injunction was granted. The defendant in error thereafter amended his bill, asking the foreclosure of' the chattel mortgage by the court and an order for the sheriff…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
Ho replication having been filed, the cause having been set down for hearing on bill and answer, so far as the rights of the plaintiff in error are concerned, her answer must be taken as true.
The admissions made by Catherine Caplain in the answer by her filed, although made in the name of the alleged firm, can not conclude her co-defendant.
Partners being agents for each other, the admissions of one in matters relating to the affairs of the partnership are receivable as evidence against the other partners. Such admissions are,…
2Cases cited3 opinions
- Winkler v. WinklerIllinois Supreme Court · 1866
- Bressler v. McCuneIllinois Supreme Court · 1870
- Gregg v. RenfrewsIllinois Supreme Court · 1860
3Cited by1 opinion
- Unity Co. v. Equitable Trust Co.Illinois Supreme Court · 1903