Cisna v. Sheibley
Appellate Court of Illinois
Bill for Accounting.—Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Heard in this court at the October term, 1899.
1Opinion of the CourtJustice Windes
It is claimed by counsel for appellant that the partnership agreement is valid and enforceable in equity, and also that even though it were illegal, appellant is nevertheless entitled to recover from appellee the money collected by him from the widow of Kennedy, upon the theory that it was paid to appellee in trust for appellant.
As to the second claim, it is sufficient to say that appellant’s bill is based upon the theory of a partnership and not that of a trust; that the appellee collected and received certain moneys in pursuance of the partnership agreement, for which he neglected and…
2Cases cited10 opinions
- Warnock v. DavisSupreme Court of the United States · 1882
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- Craft v. McConoughyIllinois Supreme Court · 1875
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