Raleigh v. Raleigh
Illinois Supreme Court
Appeal from the Superior Court of Chicago. This was a suit in chancery, instituted in the court below, by James T. Raleigh and Abram Heartt against Thomas Raleigh, to enjoin a suit at law brought by the defendant against the complainants, and to enforce an alleged equitable set-off. The question presented is, whether the facts as alleged in the bill, are sufficient to establish a set-off in equity. Those facts are presented in the opinion of the court.
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Appeal from the Superior Court of Chicago. This was a suit in chancery, instituted in the court below, by James T. Raleigh and Abram Heartt against Thomas Raleigh, to enjoin a suit at law brought by the defendant against the complainants, and to enforce an alleged equitable set-off. The question presented is, whether the facts as alleged in the bill, are sufficient to establish a set-off in equity. Those facts are presented in the opinion of the court. A general demurrer to the bill was sustained, and the bill dismissed. The complainants appealed to this court.
1Opinion of the CourtJustice Beckwith
This is a suit in equity to enforce an alleged equitable set-off. The bill alleges that on the 9th day of February, 1860, the appellants as copartners, executed their promissory note to the appellee for $318.38, payable on the 1st day of May then next; that in January, 1861, the copartnership between the appellants was dissolved, and the appellant Raleigh received the assets, and undertook to pay the debts of the firm. That the appellee had knowledge of the arrangement, and thereafter treated the appellant Raleigh, as his sole debtor, making no claim whatever against the appellant Heartt. The…
2Cases cited1 opinion
- Gay v. GayNew York Court of Chancery · 1843
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