Ullmann v. Kline
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This is a suit in chancery, by Ullmann, as complainant, against Crane and Kline, as defendants.
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Appeal from the Superior Court of Cook county; the Hon. Samuel M. Moore, Judge, presiding. This is a suit in chancery, by Ullmann, as complainant, against Crane and Kline, as defendants. It is charged in the bill that on May 7, 1875, one White recovered a judgment, against Kline, for $806.70, from which judgment Kline appealed to the Supreme Court, and on May 27, 1875, Kline, as principal, and Crane, as his security, executed an appeal bond, binding themselves jointly to pay to White the judgment, in case the same should be affirmed; that on the 15th of October, 1875, White, being indebted to…
1Opinion of the CourtJustice Dickey
The demand proposed to be set off had no connection, in its origin or nature, with the judgment assigned. Whether it consisted of unsettled accounts or an account stated, its amount was never reduced to judgment. At the time of the assignment of the judgment, the assignee, while he may have had notice that the judgment debtor had a demand against-the assignor of the judgment, had no notice that the judgment debtor had any equitable right to have that demand set off against the judgment, or even that he claimed any such right. It is not shown that the assignor of the judgment was, at that…
2Cases cited1 opinion
- Hughes v. TrahernIllinois Supreme Court · 1872
3Cited by12 opinions
- Knight v. GriffeyIllinois Supreme Court · 1896
- Schlieman v. BowlinSupreme Court of Minnesota · 1886
- Howe Machine Co. v. HickoxIllinois Supreme Court · 1883
- Meyer v. JonesCalifornia Court of Appeal · 1916
- Kithcart v. KithcartSupreme Court of Iowa · 1910
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