Opinion
Gen. No. 41,953. (Abstract of Decision.)
Opinion filed June 1, 1942
INTEREST, § 4 — interest in equity. Where there was a decree entered against defendant stockholders of a bank to enforce the superadded constitutional liability to creditors, which was affirmed in part, reversed in part and remanded with directions by the Supreme Court, and the decree was set aside on re-docketing of the case and a new decree entered providing for payment of specific amounts with statutory interest from the date of the new decree to the date of payment, it would be inequitable to require defendants to pay interest from the date of the original decree (Ill. Rev. Stat. 1941, ch. 74, par. 3; Jones Ill. Stats. Ann. 67.03).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. JOHN C. LEWE, presiding.
Decree affirmed. Heard in first division, first district, this court at October term, 1941.
Leonard Leonard, Owens Owens, Murphy Pearson, and John A. Russell, for appellant;
Gordon McLeish Leonard and George Edward Leonard, Jr., of counsel;
Matthews, Harmon, Karr Springer, Mayer, Meyer, Austrian Platt, and Thomas G. Deering, for appellees;
Kenneth L. Karr, Frank D. Mayer and Edwin A. Rothschild, of counsel.
"Not to be published in full." Opinion filed June 1, 1942.