Schwartz v. McQuaid
Illinois Supreme Court
Writ or Error to the Circuit Court of DuPage county; the Hon. Charrrs A. Bishop, Judge, presiding. On September 24, 1903, the defendant in error began an action of trespass against the plaintiffs in error in the circuit court of DuPage county.
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Writ or Error to the Circuit Court of DuPage county; the Hon. Charrrs A. Bishop, Judge, presiding. On September 24, 1903, the defendant in error began an action of trespass against the plaintiffs in error in the circuit court of DuPage county. The amended declaration alleged that the plaintiffs in error, wrongfully intending to injure the defendant in error, on or about May 1, 1902, with force and arms broke and entered a dwelling house and store building of the defendant in error in DuPage county and stayed there for a long space of time, and broke and damaged four doors belonging to said…
1Opinion of the CourtJustice Wilkin
It is first claimed by plaintiffs in error that at the time of the execution of the lease by -Haumesser to McQuaid, Haumesser was the owner of only a part of the premises, and that by executing a lease for all of the premises, and because the premises were leased by McQuaid for the illegal purpose of selling liquor without a license, the whole transaction was thus tainted with such fraud and illegality as to reduce Mc-Quaid from the status of an innocent and lawful lessee or tenant to that of a mere tortious occupant, and he was therefore not entitled to retain the premises as against the…
2Cited by11 opinions
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- Mitsakos v. MorrillMassachusetts Supreme Judicial Court · 1921
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