Legal Opinion

Kelly v. Galbraith

Illinois Supreme Court

Decided October 19, 1900PublishedCited by 24 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. Murray 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. Murray F. Tuley, Judge, presiding. This is a bill, filed March 5, 1895, by William A. Galbraith, since deceased, against the appellants, Thomas Kelly, John Kelly and James Kelly, composing the firm of Thomas Kelly & Bros., for the reformation of the lease hereinafter mentioned, and for the correction of a mistake in the description of the premises thereby demised, as hereinafter stated. The appellants, who were the defendants below, filed an answer to the…

1Opinion of the CourtJustice Magruder

One of the questions of fact, arising upon the trial below, was whether the words, “said store and basement being the first north of the Franklin street entrance,” were in the lease when signed by the parties thereto, or were inserted therein after the lease was signed by the appellants. The master, to whom the cause was referred by the trial court, found that these words were in the lease when the appellants signed the same. The circuit court confirmed the finding thus made by the master, and the Appellate Court has affirmed the decree of the circuit court. After a careful examination of the…

2Cases cited16 opinions

  1. Continental Insurance v. RuckmanIllinois Supreme Court · 1889
  2. Kennedy v. Georgia State BankSupreme Court of the United States · 1850
  3. Monson v. BragdonIllinois Supreme Court · 1895
  4. Stout v. CookIllinois Supreme Court · 1866
  5. Peck v. . GoodberlettNew York Court of Appeals · 1888

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3Cited by24 opinions

  1. Koch v. StreuterIllinois Supreme Court · 1905
  2. Skelly v. ErschIllinois Supreme Court · 1922
  3. Presbyterian Distribution Service v. Chicago National BankAppellate Court of Illinois · 1960
  4. Blumenfeld v. NeumanAppellate Court of Illinois · 1953
  5. Pennsylvania Co. v. BondAppellate Court of Illinois · 1902

19 more not listed; retrieve them via the Exa API.

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