Howe Machine Co. v. Hickox
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. William H. Babnum, 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. William H. Babnum, Judge, presiding. This was a bill in chancery, in the Cook circuit court, by appellant against appellees, and as the bill was amended, the substantial allegations are as follows : That on May 23, 1878, appellant recovered a judgment in the Supreme Court of New York for $38,314.22 against William C. Hickox and Joel M. Hickox, upon which execution was issued immediately, and returned nulla bona; that the judgment has never been paid, and that…
1Opinion of the CourtJustice Scholfield
Since the judgments sought to be set off are not between the same parties, it is clear there could be no set-off at law, and it devolves upon appellant, therefore, to show some equitable ground for being protected against the judgment of William C. Hickox. (Raleigh et al. v. Raleigh, 35 Ill. 512.) It is not enough, here, that appellant may have shown its rights were equal to those of I. B. Hickox; unless it has shown they were superior to any equitable claim which can be urged in his favor, appellant can not succeed. (Holbrook v. Receivers, 6 Paige, 231; Hannon v. Williams, (7 Stew.) 34 N. J.…
2Cases cited4 opinions
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Hughes v. TrahernIllinois Supreme Court · 1872
- Ullmann v. KlineIllinois Supreme Court · 1877
- Raleigh v. RaleighIllinois Supreme Court · 1864
3Cited by4 opinions
- Printy v. CahillIllinois Supreme Court · 1908
- Smith v. BillingsIllinois Supreme Court · 1897
- Chessen v. MorickAppellate Court of Illinois · 1930
- Gibb v. Irving Park DistrictAppellate Court of Illinois · 1916