Legal Opinion

Ford v. Chicago Milk Shippers' Ass'n

Illinois Supreme Court

Decided January 15, 1895PublishedCited by 22 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, 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. Richard S. Tuthill, Judge, presiding. Appellee brought its action of assumpsit against appellants to recover for milk sold and delivered, the declaration containing the common counts, to which were pleaded the general issue and two special pleas, which substantially alleged that the plaintiff was a corporation organized and created for the purpose of regulating and fixing the price, amount and quantity of milk to be shipped and sold within the corporate limits…

1Opinion of the CourtJustice Phillips

Stockholders in an association may enter into contracts with it, and deal with.it in reference to contracts and agreements, acquiring the same rights and incurring like liabilities as strangers. (Merrick v. Peru Coal Co. 61 Ill. 472.) The right to enter into contracts and agreements thus existing, their effect and construction are the same as if made with other corporations or with strangers, and where void, by reason of a statutory provision, in the one case, would be so in another. As a general rule, no recovery can be had upon a contract made in violation of the express provisions of a…

2Cases cited4 opinions

  1. Richardson v. HardwickSupreme Court of the United States · 1882
  2. Penn v. BornmanIllinois Supreme Court · 1882
  3. Merrick v. Peru Coal Co.Illinois Supreme Court · 1871
  4. Ruggles v. PeopleIllinois Supreme Court · 1878

3Cited by22 opinions

  1. United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Maryland & Virginia Milk Producers Assn., Inc. v. United StatesSupreme Court of the United States · 1960
  3. State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
  4. United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
  5. Harding v. American Glucose Co.Illinois Supreme Court · 1899

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