Ehrat v. Marrone

Appellate Court of Illinois

Ehrat v. Marrone

191 Ill. App. 121, 1915 Ill. App. LEXIS 927

CourtAppellate Court of Illinois

DecidedJanuary 5, 1915

DocketGen. No. 20,243

StatusPublished

This text of 191 Ill. App. 121 (Ehrat v. Marrone) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ehrat v. Marrone, 191 Ill. App. 121, 1915 Ill. App. LEXIS 927 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Smith

delivered the opinion of the court.

Abstract of the Decision. 1. Injunction, § 177*—when bill shows offer to do equity. A bill to restrain the collection of a demand by a suit, alleging that the defendants are nonresidents and are insolvent, is not demurrable on the ground that the complainant does not offer to do equity when such complainant sets up a claim in excess of any amount due the defendants. 2. Injunction, § 177*—when bill not demurrable. A bill to restrain a suit to collect a certain demand, and setting up a claim in excess of that of the- defendants, held not demurrable in failing to allege that the loss sustained by the complainant was due to defendants’ negligence, it appearing that such loss was due to a failure to insure goods as instructed by the complainant when shipped. 3. Injunction, § 174*—who are proper parties. In a suit to restrain certain defendants from prosecuting an action to collect a claim, on the ground that they were nonresidents and insolvent, the attorneys for such defendants were proper parties. 4. Set-one and becoupment, § 1*—when court of equity may cause set-off. A court of equity may under special circumstances, interfere and cause a set-off where a court of law can afford .no relief. 5. Injunction, § 194*—what are requisites of bill. Insolvency is a distinct equitable ground of set-off, and in a bill to enjoin the collection of a debt by nonresidents who are insolvent, setting up a claim in excess of that sought to be collected by such nonresidents, it is not necessary to allege that the individual members of der .fendant firm are insolvent. 6. Injunction, § 194*—when bill for set-off need not show liquidated demand. In a suit to enjoin the prosecution of an action to collect a debt by nonresidents and setting up a claim in excess of that sought to be collected by such nonresidents, it is not necessary that the complainant’s demand should be liquidated by a judgment, when the insolvency of the defendants is admitted.

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Mr. Justice Smith

delivered the opinion of the court.

Abstract of the Decision. 1. Injunction, § 177*—when bill shows offer to do equity. A bill to restrain the collection of a demand by a suit, alleging that the defendants are nonresidents and are insolvent, is not demurrable on the ground that the complainant does not offer to do equity when such complainant sets up a claim in excess of any amount due the defendants. 2. Injunction, § 177*—when bill not demurrable. A bill to restrain a suit to collect a certain demand, and setting up a claim in excess of that of the- defendants, held not demurrable in failing to allege that the loss sustained by the complainant was due to defendants’ negligence, it appearing that such loss was due to a failure to insure goods as instructed by the complainant when shipped. 3. Injunction, § 174*—who are proper parties. In a suit to restrain certain defendants from prosecuting an action to collect a claim, on the ground that they were nonresidents and insolvent, the attorneys for such defendants were proper parties. 4. Set-one and becoupment, § 1*—when court of equity may cause set-off. A court of equity may under special circumstances, interfere and cause a set-off where a court of law can afford .no relief. 5. Injunction, § 194*—what are requisites of bill. Insolvency is a distinct equitable ground of set-off, and in a bill to enjoin the collection of a debt by nonresidents who are insolvent, setting up a claim in excess of that sought to be collected by such nonresidents, it is not necessary to allege that the individual members of der .fendant firm are insolvent. 6. Injunction, § 194*—when bill for set-off need not show liquidated demand. In a suit to enjoin the prosecution of an action to collect a debt by nonresidents and setting up a claim in excess of that sought to be collected by such nonresidents, it is not necessary that the complainant’s demand should be liquidated by a judgment, when the insolvency of the defendants is admitted.

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Bluebook (online)

191 Ill. App. 121, 1915 Ill. App. LEXIS 927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehrat-v-marrone-illappct-1915.