Downey Coal Co. v. Live Stock Nat. Bank

Full title: Downey Coal Company, Appellant, v. Live Stock National Bank of Chicago…

Court: Appellate Court of Illinois, First District

Date published: May 14, 1942

314 Ill. App. 566 (Ill. App. Ct. 1942)

41 N.E.2d 986

Opinion

Gen. No. 41,488. (Abstract of Decision.)

Opinion filed May 14, 1942

TRUSTS, § 243^_ — as to right to enforce trust. Where liquidating trust agreements did not set up a permanent trust for the benefit of nondepositing bondholders and one bondholder consistently refused to deposit his bonds no complaint could be made that the trust was finally closed against him.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. JOHN J. LUPE, presiding.

Judgment order affirmed. Heard in second division, first district, this court at October term, 1940.

William C. Burns and John J. Enright, Jr., for appellant;

Winston, Strawn Shaw, Mayer Meyer, Austrian Platt and Butz, Von Ammon Marx, for appellees;

James H. Cartwright, Albert W. Potts, Raymond J. Friend and Rodney C. Glover, of counsel.

Opinion by PRESIDING JUSTICE SCANLAN.

"Not to be published in full." Opinion filed May 14, 1942.