Legal Opinion

Yates v. Continental Insurance

Illinois Supreme Court

Decided February 17, 1904PublishedCited by 2 opinions

Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a bill-in chancery, filed on January 23, 1903, in the superior court of Cook county by the Continental Insurance Company against Henry Yates, as insurance superintendent of Illinois, which, as originally filed and as amended, prayed that said Yates should be enjoined from setting out by letter, or otherwise causing to be published, any statement derogatory to the interests of…

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Appeal from the Superior Court of Cook county; the Hon. Axel Chytraus, Judge, presiding. This is a bill-in chancery, filed on January 23, 1903, in the superior court of Cook county by the Continental Insurance Company against Henry Yates, as insurance superintendent of Illinois, which, as originally filed and as amended, prayed that said Yates should be enjoined from setting out by letter, or otherwise causing to be published, any statement derogatory to the interests of complainant, and denying that complainant is licensed by the department of insurance of Illinois, or by him, or by any…

1Opinion of the CourtJustice Magruder

The questions in this case are substantially the same as the questions already discussed and disposed of in the case of Yates v. People ex rel. (ante, p. 316). The exceptions, filed to the amended answer as amended in the present case, were in the nature of a special demurrer to the answer. (Story v. Livingstone, 13 Pet. 359; Stone v. Moore, 26 Ill. 165). By sustaining the exceptions to the answer, the court held that the defense set up in the answer was insufficient. That defense was, that the charter of appellee had become extinct for the reason stated in Yates v. People ex rel. supra. In…

2Cases cited3 opinions

  1. Story v. LivingstonSupreme Court of the United States · 1839
  2. Stone v. MooreIllinois Supreme Court · 1861
  3. Work v. HallIllinois Supreme Court · 1875

3Cited by2 opinions

  1. Heeren v. SmithAppellate Court of Illinois · 1934
  2. Dillinger v. DillingerAppellate Court of Illinois · 1908

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