Legal Opinion

Lochenmeyer v. Fogarty

Illinois Supreme Court

Decided June 11, 1884PublishedCited by 19 opinions

Appeal from the Appellate Court for the Third District;— heard in°that court on appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding.

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Appeal from the Appellate Court for the Third District;— heard in°that court on appeal from the Circuit Court of Logan county; the Hon. Lyman Lacey, Judge, presiding. This was a bill filed by William Fogarty, to compel payment by appellants, Lochenmeyer, George Stoll and John Cutlip, and Ezekiel French, executor of the estate of Jacob Hammon, deceased, of the amount that Fogarty was compelled to pay as surety upon the guardian bond of Edward Lynch, to Joseph Beam, his successor as such guardian, and also to compel French to account for money received by him, which, it was alleged, belonged to…

1Opinion of the CourtJustice Craig

This was a bill in equity, brought by William Fogarty, against appellants, and Ezekiel French, to require appellants to pay certain notes which were given by them, payable to Jacob Hammon, guardian of Edward Applegate, and also to compel French to account for certain moneys belonging to the ward, alleged to have been received by him as executor of the estate of Jacob Hammon, deceased. On the hearing, the court rendered a decree against appellants, as prayed for in the bill, but dismissed the bill as to French.

The facts out of which this litigation arose are substantially as follows: On the…

2Cases cited7 opinions

  1. Hayes v. WardNew York Court of Chancery · 1819
  2. Eddy v. TraverNew York Court of Chancery · 1837
  3. Nolan v. JacksonIllinois Supreme Court · 1855
  4. City of Keokuk v. LoveSupreme Court of Iowa · 1870
  5. Rice v. RiceIllinois Supreme Court · 1883

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3Cited by19 opinions

  1. Bartel v. ZimmermanIllinois Supreme Court · 1920
  2. Peoples State Bank v. BlochMichigan Supreme Court · 1929
  3. Scott v. GilkeyIllinois Supreme Court · 1894
  4. Plano Manufacturing Co. v. DoyleNorth Dakota Supreme Court · 1908
  5. McMahon v. German-American National BankSupreme Court of Minnesota · 1910

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