Comstock v. Gage
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaey, Judge, presiding. This was an action brought in the name of David A. Gage, for the use of the city of Chicago, upon a bond to said Gage in the penal sum of $500,000, signed by Ira Holmes, Charles Comstock, James Kelley, J. A. Holmes, W. A. Butters, and William M. Tilden, who were all directors, and Ira Holmes also president, of the Manufacturers’ ¡National Bank of Chicago, and by one other person—Samuel…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaey, Judge, presiding. This was an action brought in the name of David A. Gage, for the use of the city of Chicago, upon a bond to said Gage in the penal sum of $500,000, signed by Ira Holmes, Charles Comstock, James Kelley, J. A. Holmes, W. A. Butters, and William M. Tilden, who were all directors, and Ira Holmes also president, of the Manufacturers’ ¡National Bank of Chicago, and by one other person—Samuel J. Walker. The date of the bond was January 9, 1872, and its condition as follows: “ The condition of this obligation is…
1DissentJustice Mulkey
Upon the consideration of this case for a rehearing, a majority of the court adhere to the views expressed in the foregoing opinion. Having participated in its consideration upon the rehearing, I feel impelled, from a sense of duty, to present my views upon one of the questions therein discussed.
Without expressing any opinion as to the correctness of the general conclusion in this case, I am unable to concur in one of the positions assumed by the court in reaching that conclusion; and believing, as I do, it is in direct conflict with law and correct practice in the trial of causes, as laid…
2Cases cited4 opinions
- Lonergan v. StewartIllinois Supreme Court · 1870
- City of Alton v. Hartford Fire InsuranceIllinois Supreme Court · 1874
- Dunning v. MatthewsIllinois Supreme Court · 1855
- Haughey v. StricklerSupreme Court of Pennsylvania · 1841