Coffing v. Taylor
Illinois Supreme Court
This was a bill in chancery, filed March 8,1853, in the La Salle Circuit Court, by the appellee, against the appellants and Asenath Coffing, the wife of Churchill Coffing, and alleges in substance: that, in the year 1847, the appellee, I. D. Harmon, and Churchill Coffing, formed a copartnership for carrying on mercantile and other business, at Peru, 111., under the name of I. D. Harmon & Co., which continued until dissolved as after mentioned.
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This was a bill in chancery, filed March 8,1853, in the La Salle Circuit Court, by the appellee, against the appellants and Asenath Coffing, the wife of Churchill Coffing, and alleges in substance: that, in the year 1847, the appellee, I. D. Harmon, and Churchill Coffing, formed a copartnership for carrying on mercantile and other business, at Peru, 111., under the name of I. D. Harmon & Co., which continued until dissolved as after mentioned. That during the continuance of the partnership, 0. Coffing was the owner of the east five feet of lot 10, block 153, so much of lot 11 in the same…
1Opinion of the Court
Scates, 0. J.
The bill professes to make a case for reforming an agreement, and for a foreclosure of a mortgage. I am of opinion that neither the bill nor proofs present sufficient grounds to entitle the party to relief, as prayed.
In making out the former case, I understood the defendant to assume the position that he bought of 0. Coffing all his interest in the partnership enterprise between them, and that Coffing fraudulently drew up the contract to transfer this interest, in such manner and language as was liable to a double construction, and which, therefore, was insufficient to express…
2Cases cited1 opinion
- Stout v. WhitneyIllinois Supreme Court · 1850
3Cited by20 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Christ v. RakeIllinois Supreme Court · 1919
- Hicks v. WynnSupreme Court of Virginia · 1923
- Federal National Mortgage Ass'n v. BryantAppellate Court of Illinois · 1978
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