Miller v. Russell
Illinois Supreme Court
Writ or. Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulRy, Judge, presiding.
Read the full summary
Writ or. Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulRy, Judge, presiding. On January 29, 1901, the defendant in error, John M. Russell, filed his bill for a discovery and an accounting in the circuit court of Cook county against the plaintiffs in error, I. B. Miller, Milton George, John R. Markley, Henry D. Bushnell, James H. Prothero, Ellen Harpell, Terry George, Myron W. Hayner, A. F. Bennett, John B. Welcome, Lee Mantel, Charles A. Clark, D. N. Graves, and the unknown owners of shares in…
1Opinion of the CourtJustice Wilkin
It is first insisted by plaintiffs in error as a ground of reversal that the cause of action arose upon the violation of a contract between the parties; that the company occupied no fiduciary relation with reference to the defendant in error and did not hold the money received by it in trust for him, and he therefore had an ample and adequate remedy at law under sections 6 to 12 of chapter 2 of Hurd’s Statutes of 1903, and that under section 5 of article 2 of the constitution it was entitled to a trial by jury for an alleged breach of the contract. These objections go to the jurisdiction of a…
2Cases cited2 opinions
- Gleason & Bailey Manufacturing Co. v. HoffmanIllinois Supreme Court · 1897
- Crown Coal & Tow Co. v. ThomasIllinois Supreme Court · 1898
3Cited by11 opinions
- Martin v. Heinold Commodities, Inc.Illinois Supreme Court · 1994
- The People v. SmallIllinois Supreme Court · 1925
- Ely v. King-Richardson Co.Illinois Supreme Court · 1914
- Arbuckle v. Clifford F. Reid, Inc.California Court of Appeal · 1931
- Townsend v. Equitable Life Assurance Society of the United StatesIllinois Supreme Court · 1914
6 more not listed; retrieve them via the Exa API.