Legal Opinion

Jenkins v. International Bank

Illinois Supreme Court

Decided November 17, 1884PublishedCited by 16 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. Tuley, Judge, presiding. A bill in chancery was filed February 17, 1875, in the Cook county circuit court, by the International Bank, against Samuel J. Walker and other persons, to foreclose and sell certain collateral securities which had been pledged by Walker to the bank to secure the payment of principal notes of various dates made by Walker to the bank, some twenty-two of which were still held by it, and about ten others transferred to the other…

1Opinion of the CourtJustice Sheldon

It is insisted the circuit court erred in holding the former adjudication in the Wilshire suit a bar to any further account as to what was in issue therein. The issues tendered by the bank to Walker, and by Walker to the bank, were precisely the same in that suit brought by Wilshire as they are in the case at bar. The main object in each suit was and is to ascertain the amount due from Walker to the bank. That was litigated and determined in the Wilshire suit, and we think the sum there found to be due must stand, and be taken as the amount then due, without being subject to be overhauled in…

2Cases cited5 opinions

  1. Case v. BeauregardSupreme Court of the United States · 1880
  2. Wadhams v. Flagler GayIllinois Supreme Court · 1874
  3. Gay v. ParpartSupreme Court of the United States · 1883
  4. Graceland Cemetery Co. v. People ex rel. McCreaIllinois Supreme Court · 1879
  5. Briscoe v. LloydIllinois Supreme Court · 1872

3Cited by16 opinions

  1. Thomas v. ThomasIllinois Supreme Court · 1911
  2. Peacock v. PhilLipsIllinois Supreme Court · 1910
  3. Phelps v. City of ChicagoIllinois Supreme Court · 1928
  4. Hagopian v. Board of Education of Tampico Community Unit School District No. 4Appellate Court of Illinois · 1980
  5. Hultberg v. AndersonIllinois Supreme Court · 1911

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