King v. Hamilton
Illinois Supreme Court
This was a bill in chancery, filed by Nicholas King, against John 0. Hamilton, administrator -with the will annexed of William King, deceased; William Thomas, as trustee and guardian of five minors; John Peter, surviving executor of Joseph King, deceased, and surviving guardian of his two infants, and against Mary A. R. Wade and her husband.
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This was a bill in chancery, filed by Nicholas King, against John 0. Hamilton, administrator -with the will annexed of William King, deceased; William Thomas, as trustee and guardian of five minors; John Peter, surviving executor of Joseph King, deceased, and surviving guardian of his two infants, and against Mary A. R. Wade and her husband. The bill alleges that complainant in the year 1829 was a resident of Yorkshire, England, and his brothers, William and Joseph, were residents of Illinois. That during that year, complainants and his brothers entered into co-partnership, for the purpose of…
1Opinion of the CourtScates, J.
This was a bill for an account, as originally framed, for an account as between partners; as amended, it embraces two items, claimed individually by plaintiff, but which were as strictly and technically a trust as the partnership affairs. I shall only notice the pleadings and evidence, as they present the questions argued before us.
First, in relation to the statute of limitations to the two individual items of account.
By the statute, “ replications shall be general, with the like advantages to all parties, as if special.” (Rev. Laws, 1845, p. 96, Sec. 81.) The proof has made it specific.
The…
2Cases cited3 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Coates v. WoodworthIllinois Supreme Court · 1852
3Cited by7 opinions
- Van Buskirk v. Van BuskirkIllinois Supreme Court · 1893
- Union National Bank v. GoetzIllinois Supreme Court · 1891
- Quayle v. GuildIllinois Supreme Court · 1878
- Crone v. CroneIllinois Supreme Court · 1899
- Foster v. WilkinsonSupreme Court of Oklahoma · 1923
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