Smyth v. Harvie
Illinois Supreme Court
"Wkit OK Error to the Superior Court of Chicago; the Hon. GraNt Goodrich, Judge, presiding. This was an action of assumpsit instituted in the court below by Bernhard Smyth, Felix E. O’Rourke and William A. Herring, who resided in the city of New York, against Andrew Harvie and Murray F. Tuley, to recover a certain sum of money which the defendants, as attorneys at law, had collected for the plaintiffs, and failed to pay over.
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"Wkit OK Error to the Superior Court of Chicago; the Hon. GraNt Goodrich, Judge, presiding. This was an action of assumpsit instituted in the court below by Bernhard Smyth, Felix E. O’Rourke and William A. Herring, who resided in the city of New York, against Andrew Harvie and Murray F. Tuley, to recover a certain sum of money which the defendants, as attorneys at law, had collected for the plaintiffs, and failed to pay over. It appears that the plaintiffs below had retained Harvie & Tuley, who were, at the time, copartners in the practice of law, in the city of Chicago, to collect a debt…
1Opinion of the Court
Mr. Justice WjüKer
delivered the opinion of the Court.
The plaintiffs in error retained defendants in error to institute a suit against McDonnell. A judgment was recovered, an execution was issued, real estate was sold, and purchased for four hundred dollars, and a certificate of purchase was taken in the names of plaintiffs in error. Afterwards McDonnell redeemed the land from this sale, paying into the hands of the sheriff, for the purpose, four hundred and forty dollars. On the 19th day of February, 1857, defendant Harvie took the certificate of purchase to the sheriff, obtained the money,…
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- McLain v. WatkinsIllinois Supreme Court · 1867