Cook County

  • County Seat:
    Chicago
  • Area:
    954 square miles
  • Population:
    10,201 (1840 census) - 5,194,675 (2010 census)
  • Named for:
    Daniel Pope Cook, Illinois Representative
  • Created on:
    January 15, 1831

Images

  • cook-Dobrovolny Collection-1909
  • Laura-Volkerding-Seagrams-County-Court-House-Archives-Library-of-CongressLC-S31-LV1-24
  • Library of Congress-LC-USZ62-116343
  • cookcountypostcard

Cases

Adams et al. v. Shepard

Adams sued Shepard in an action of replevin. The circuit court found for Adams but delayed judgment due to pending damages assessment. When Adams later sought a non-suit, the defendant contested, arguing it was after final determination. The Illinois Supreme Court determined the non-suit was permissible as material issues, particularly damages, remained unresolved. Thus, the lower court's judgment was upheld.



Adams et al. v. Johnson

Johnson sued Adams and others regarding a note for Wood's patent shingle machine and rights assignment within certain districts. Adams presented two defenses: warranty breach and fraudulent vendor representations. The jury found for Johnson and Adams appealed the judgment. After reviewing the trial instructions and evidence, the Supreme Court found no error. The jury's verdict favored Johnson, supported by evidence. The alleged warranty lacked clear intention, and the vendor's statements weren't necessarily fraudulent. The jury's decision was justified. The judgment was upheld.

Justice(s):

Justice John D. Caton


Pitts v. Leiter

On November 18th, 1859, judgments were entered in favor of Leiter and Magie concerning two judgment notes. Pitts sought to challenge the judgments, claiming they were entered without his knowledge. Affidavits presented conflicting accounts. The court should have allowed Pitts to defend himself, as the presented defense could hold merit. The court also criticized the sheriff's levy on personal property without first considering Pitts' real estate. The judgments were reversed.

Justice(s):

Justice John D. Caton


Bristol v. City of Chicago

The appellant motioned to assign more errors after the argument began. The court deemed it untimely. They stated that such requests, made after arguments commence, are unacceptable without the defendant in error's consent.

Justice(s):



McAllister v. Ely

In an action of assumpsit concerning a promissory note, the plaintiff, surviving payee, sued the defendant, surviving maker. The defendant pleaded that the principal debtor, Jacob E. Depuy, was known to be insolvent and demanded the plaintiff to sue, but the plaintiff failed to do so within a reasonable time. The suit was initiated two years after the notice to sue. The court reversed the judgment, as failure to sue within a reasonable time bars action against the security.



Carter v. Moses

In January 1861, Hiram P. Moses filed a chancery bill against Roswell Carter, Seth Wadhams, J. Young Seammon, and another party. Moses and Wadhams borrowed $3,000 from Carter in 1853, securing it with a deed of trust. Over time, they issued more notes, leading to a dispute. The court ruled in Moses's favor, declaring certain notes paid and ordering Carter to repay $570, but denied recovery of usurious interest. Carter appealed, but the decision stood. At the April term of 1865 a rehearing was requeseted, but subsequently refused.



Davidson v. Young et al.

David L. W. Jones died intestate in 1834, leaving land near Chicago. His administrator sold the land in 1837 to Newhall for his and Davidson's benefit, intending to fund Margaret Jones's education. Margaret consented as a minor but later disputed the sale. The Supreme Court ruled the administrator lacked authority to sell, voiding the sale. Davidson sought to estop Margaret from reclaiming the land, but the court found no basis for estoppel or ratification, dismissing his claim.



Dix et al. v. Chicago City Insurance Company

In these cases, plaintiffs, representing a business, sued Mercantile Insurance Company for failing to honor fire insurance policies. The court upheld a demurrer, ruling the plaintiffs lacked legal interest due to a partner's prior transfer of ownership. The policy's condition voided coverage upon transfer of interest. The court affirmed the judgment.
Notes: This case came before the court upon the same state of pleadings as Dix et al. v. Mercantile Insurance Company. The opinion covers both cases.

Justice(s):

Justice Sidney Breese


Kelly et al. v. Cecil Bank of Maryland

The Superior Court of Chicago heard two assumpsit actions, Kelly et al. v. Cecil bank of Maryland and Kelly et al. v. Downs, in 1860 over promissory notes. Despite identical proceedings, the appellants sought a venue change just before trial, citing prejudice. The court rightly denied the motion, deeming one day's notice insufficient and rejecting late affidavits. The appellants' tardiness and lack of justification mirrored precedent. Consequently, the court's decisions were upheld, affirming the judgment.

Justice(s):

Justice Sidney Breese


Stoutenburg v. Abbott and Wilcomb

Stoutenburg confessed judgment to a $455 debt to Abbott and Wilcomb. Stoutenburg appealed when he believed the confession was not proper, but the parties agreed to dismiss the appeal, and Stoutenburg withdrew his writ of appeal.

Justice(s):