Legal Opinion

In Re Possession & Control of the Commissioner of Banks

Appellate Court of Illinois

Decided December 28, 2001No. 1-00-3253, 1-00-4127 through 1-00-4130, 1-00-4132, 1-00-4214, 1- 00-4260, 1-01-0026, 1-01-0246, 1-01-0342 through 1-01-0344, 1-01-0443 through 1-01-0446, 1-01-0487, 1-01-0945, 1-01-0986, 1-01-0991 through 1-01-0994, 1-01-0996, 1-01-1178, 1-01-1189 through 1-01-1191, 1-01-1215 through 1-01-1217, 1-01-1220, 1-01-1553, 1-01-1572, 1-01-1630, 1-01-1695, 1-01-1773, 1-01-1782, 1-01-1821, 1-01-1822, 1-01-1845, 1-01-1880, 1-01-1933, 1-01-2033, 1-01-2037, 1-01-2039, 1-01-2040 consPublishedCited by 51 opinions

1Opinion of the CourtJustice Gordon

Appellants, numerous groups of approximately 1,200 non-cash-asset account holders, 1 appeal ah order of the circuit court of Cook County allocating a $68.1 million cash shortage from trust funds deposited for investment with Independent Trust Corporation (Intrust). The trial court allocated the shortage among all account holders, even those whose assets were noncash at the time Intrust was placed in receivership because virtually all cash deposited with Intrust, including that used to acquire noncash assets, was commingled in a single, common account. The noncash account holders argue that…

2Cases cited83 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Pennoyer v. NeffSupreme Court of the United States · 1878
  4. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  5. Abrahamson v. Illinois Department of Professional RegulationIllinois Supreme Court · 1992

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3Cited by51 opinions

  1. Dawdy, Jr. v. Union Pacific R.R. Co.Illinois Supreme Court · 2003
  2. Dexia Credit Local v. RoganCourt of Appeals for the Seventh Circuit · 2010
  3. In re Mississippi Valley Livestock, Inc.Court of Appeals for the Seventh Circuit · 2014
  4. Kensington's Wine Auctioneers & Brokers, Inc. v. John Hart Fine Wine, Ltd.Appellate Court of Illinois · 2009
  5. Financial Freedom v. KirgisAppellate Court of Illinois · 2007

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