Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois (Volume 35; V. 65)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875. Excerpt: ... Syllabus. put into the concern by Wells, and on this hinges the whole controversy. The proof is overwhelming, whatever the intention of the parties may have been at the outset, that this sum never did go to the credit of appellee on the books of the concern, nor was it used in the concern during the continuance of their partnership. It is a bald case of a promise to pay an honest debt, and that promise unfulfilled. This eight hundred dollars, as the proof conclusively shows, never did go into the firm account, or into the business of the firm. If it did, it was the duty of appellant to show it by competent testimony. This he has wholly failed to do. As to the right of a creditor to reduce his claim in order to bring it within the jurisdiction of a justice of the peace, see Raymond v. Strobel, 24 Ill. 113. The judgment must be affirmed. Judgment affirmed. The Chicago Building Society v. Henry A. Crowell. 1. Corporation, Private--power to contract for insuranc. Under the act of 1S69, authorizing the formation of incorporated companies, for the accumulation of a fund with which to purchase real estate in large tracts, paying off incumbrances thereon, and the sub-division of the same into Jots suitable for homesteads, and the distribution of such lots among the shareholders, or to aid the shareholders in acquiring real estate, making improvements thereon and removing incumbrances therefrom, a company was incorporated, who made a loan, taking a deed of trust to secure its payment, and providing therein that the borrower should insure the buildings. The secretary of the company insured for the first year, charging Statement of the case. the premium to the borrower, and insisted upon the right to insure for the next year, to which the borrower at first objected, ..