Houston v. Maddux
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, 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 Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. This is a bill, filed on December 17, 1894, by the defendant in error, Ann S. Maddux, against the plaintiff in error, Grace G. Houston, to enjoin the prosecution of a suit at law, begun by the plaintiff in error against the defendant in error, and to enforce on the part of the defendant in error an alleged equitable set-off against the claim set up in the suit at law. The bill was demurred to by both general and…
1Opinion of the CourtJustice Magruder
The original bill, filed in this case, will first be considered without reference to its alleged character as a bill to enforce an equitable set-off. Can the bill be maintained aside from any question of set-off? The bill seeks in behalf of a simple contract creditor to reach a trust fund belonging to a deceased insolvent debtor. The defendant in error alleges, that she is the owner of a note executed to her by her deceased brother, John T. Houston. She further alleges, that John T. Houston took out a policy of insurance upon his own life for the benefit of his wife, the plaintiff in error,…
2Cases cited18 opinions
- Gay v. GayNew York Court of Chancery · 1843
- Steere v. HoaglandIllinois Supreme Court · 1866
- Smith v. SmithIllinois Supreme Court · 1898
- Dilworth v. CurtsIllinois Supreme Court · 1891
- McDowell v. CochranIllinois Supreme Court · 1849
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Clay County Bank v. WilsonWest Virginia Supreme Court · 1930
- Buckley v. MaupinSupreme Court of Missouri · 1939
- Ellis v. PhillipsMichigan Supreme Court · 1961
- In Re HirschDistrict Court, S.D. New York · 1933
- Lanning v. ParkerNew Jersey Court of Chancery · 1915
15 more not listed; retrieve them via the Exa API.