Northern Trust Co. v. Village of Wilmette
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. L. Honore, Judge, presiding. On May 9, 1904, appellants, the Northern Trust Company, Calvin B. Beach, as trustee under the last will and testament of E. Kellogg Beach, deceased, and the First National Bank of Marengo, Illinois, filed their petition in the circuit court of Cook county against the appellees, the village of Wilmette and its officers, for a writ of mandamus to compel the municipality, out of its general…
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Appeal from the Circuit Court of Cook county; the Hon. L. Honore, Judge, presiding. On May 9, 1904, appellants, the Northern Trust Company, Calvin B. Beach, as trustee under the last will and testament of E. Kellogg Beach, deceased, and the First National Bank of Marengo, Illinois, filed their petition in the circuit court of Cook county against the appellees, the village of Wilmette and its officers, for a writ of mandamus to compel the municipality, out of its general funds, to re-construct a certain public improvement mentioned in the petition and to pay the improvement bonds held by…
1Opinion of the CourtJustice Wilkin
It is claimed by appellants that the bonds in question were negotiable instruments, and that they were purchasers of the same in good faith for value, without notice, before any of the defenses arose; that the bonds thus issued and sold can not be defeated by the subsequent acts of the village or the contractor, or both; that the village is liable to complete the improvement out of its general fund, because its officers were guilty of a flagrant breach of their obligation to the bondholders ; that the village is estopped from claiming that the bonds are invalid, because of the false acts and…
2Cases cited4 opinions
- Morrison v. Austin State BankIllinois Supreme Court · 1904
- Hewitt v. Board of EducationIllinois Supreme Court · 1880
- National Bank of LaCrosse v. PettersonIllinois Supreme Court · 1902
- Union National Bank v. HinesIllinois Supreme Court · 1898
3Cited by11 opinions
- First National Bank v. City of ElginAppellate Court of Illinois · 1907
- Newberry Library v. Board of EducationIllinois Supreme Court · 1945
- Wells v. Village of WilmetteAppellate Court of Illinois · 1915
- City of Jacksonville v. Bankers Life Co.Court of Appeals for the Seventh Circuit · 1937
- Drouineau v. First National BankAppellate Court of Illinois · 1927
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