Elgin Butter Co. v. Elgin Creamery Co.
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding.
Read the full summary
Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Kirk Hawes, Judge, presiding. The bill of complaint herein shows that on the first day of April, 1873, a co-partnership was formed in the city of Elgin, Kane county, Illinois, under the firm name and style of “The Elgin Butter Company,” for the purpose of engaging in the business of manufacturing, purchasing and selling butter and other dairy products, and that it carried on such business until the fifth day of January, 1882; that at the date last…
1Opinion of the CourtJustice Baker
The foregoing statement contains the substance of all that we regard as the material allegations of the bill. Averments of simple matters of evidence that do not amount to averments of the facts that they tend to prove, and of immaterial matters, and statements of mere opinions and conclusions of the pleader, are largely omitted therefrom. These may, properly, all be ignored. The demurrer admits only the facts that are well pleaded.
The bill, as we read it, is notable for that which it fails to charge. It may well be that the Elgin Creamery Company has no factory wherein butter is…
2Cases cited6 opinions
- Canal Co. v. ClarkSupreme Court of the United States · 1872
- Brown Chemical Co. v. MeyerSupreme Court of the United States · 1891
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- El Modello Cigar Manufacturing Co. v. GatoSupreme Court of Florida · 1889
- Candee, Swan & Co. v. Deere & Co.Illinois Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Baltimore Bedding Corp. v. MosesCourt of Appeals of Maryland · 1943
- Standard Oilshares, Inc. v. Standard Oil Group, Inc.Court of Chancery of Delaware · 1930
- American Automobile Ass'n v. American Automobile Owners Ass'nCalifornia Supreme Court · 1932
- Edmondson Village Theatre, Inc. v. EinbinderCourt of Appeals of Maryland · 1955
- Consumers Petroleum Co. v. Consumers Co. of IllinoisCourt of Appeals for the Seventh Circuit · 1948
22 more not listed; retrieve them via the Exa API.