operation of the general rule (Illinois) · Go Syfert
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operation of the general rule in Illinois

9 Illinois opinions name it 2 courts 1875–2009 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Matzon v. Griffingreen
ill · 1875 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004See Matzon v. Griffin , 78 Ill. 477 (1875).

2004See Matzon v. Griffin, 78 Ill. 477 (1875).

22
Resnik v. Morgansterngreen
conn · 1923 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009The ‘adverse interest exception’ suspends the operation of the general rule when ‘the circumstances are such as to raise a clear presumption that the agent will not perform [his] duty,’ and thus that the principal will not in fact receive and have the benefit of the agent’s knowledge.” Reider, 47 Conn. Supp. at 209-10 , 784 A.2d at 470 , quoting Resnik v. Morganstern, 100 Conn. 38, 43 , 122 A. 910, 911 (1923).

2009The ‘adverse interest exception’ suspends the operation of the general rule when ‘the circumstances are such as to raise a clear presumption that the agent will not perform [his] duty,’ and thus that the principal will not in fact receive and have the benefit of the agent’s knowledge.” Reider, 47 Conn. Supp. at 209-10 , 784 A.2d at 470 , quoting Resnik v. Morganstern, 100 Conn. 38, 43 , 122 A. 910, 911 (1923).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Dooley v. Crist green
· 1861
2 sentences

1931(Mathes v. Dobschuetz, 72 Ill. 438, 441 ; Dooley v. Crist, 25 Ill. 551, 556 .) The appellant testifies that he had no notice of the building in question belonging to the appellee; that he bought it free and clear of all incumbrances except the taxes for 1927.

1875Dooley v. Crist, 25 Ill. 551 .

21875–1931
Reider v. Arthur Andersen, LLP green
connsuperct · 2001
2 sentences

2009The ‘adverse interest exception’ suspends the operation of the general rule when ‘the circumstances are such as to raise a clear presumption that the agent will not perform [his] duty,’ and thus that the principal will not in fact receive and have the benefit of the agent’s knowledge.” Reider, 47 Conn. Supp. at 209-10 , 784 A.2d at 470 , quoting Resnik v. Morganstern, 100 Conn. 38, 43 , 122 A. 910, 911 (1923).

2009The ‘adverse interest exception’ suspends the operation of the general rule when ‘the circumstances are such as to raise a clear presumption that the agent will not perform [his] duty,’ and thus that the principal will not in fact receive and have the benefit of the agent’s knowledge.” Reider, 47 Conn. Supp. at 209-10 , 784 A.2d at 470 , quoting Resnik v. Morganstern, 100 Conn. 38, 43 , 122 A. 910, 911 (1923).

12009–2009
Kocsis v. Chicago Park District green
ill · 1935
1 sentence

1953Kocsis v. Chicago Park District, 362 Ill. 24 .” It is our conclusion, that since the enactment of section 19-32 dealing particularly with the assumption by community unit districts of the bonded indebtedness of former districts lying within them, the bar to the operation of the general rule announced in the Kocsis case has been removed, and that the county clerk properly extended the taxes in question against all of the property in District No. 185.

11953–1953
Spence v. Selcke neutral
ill · 1949
1 sentence

1953(Spence v. Selcke, 404 Ill. 98 .) We held in the Spence case that taxes to retire bonded indebtedness of an included district could not be spread over all the property of the new community unit district but must be extended only against the property located within the district or territory at the time of the making of the levy and the registration of the bonds.

11953–1953
Mathes v. Dobschuetz neutral
ohioctapp · 1874
1 sentence

1931(Mathes v. Dobschuetz, 72 Ill. 438, 441 ; Dooley v. Crist, 25 Ill. 551, 556 .) The appellant testifies that he had no notice of the building in question belonging to the appellee; that he bought it free and clear of all incumbrances except the taxes for 1927.

11931–1931
Millett v. People green
ill · 1886
1 sentence

1906Millett v. People, 117 Ill. 294 ; Frorer v. People, 141 id. 171; Braceville Coal Co. v. People, 147 id. 66; Harding v. People, 160 id. 459; Eden v. People, 161 id. 296; Bailey v. People, 190 id. 28.

11906–1906
Monroe v. Poorman neutral
ill · 1872
1 sentence

1899Monroe v. Poorman, 62 Ill. 523 ; McPherson v. Sanborn, 88 id. 150; Fitzgerald v. Fitzgerald, 100 id. 385.

11899–1899
Long v. State neutral
ga · 1875
1 sentence

1886Wharton on Criminal Pleading and Practice, (8th ed.) sec. 870; Long v. The State, 54 Ga. 564 ; Guyott v. Butts, 4 Wend. 579 . 4 A majority of the court are of opinion that the facts here disclosed, under the peculiar circumstances of the case, exempt this statement from the operation of the general rule referred to, and that a new trial ought to have been granted to Merritt Fletcher.

11886–1886
Guyot v. Butts neutral
nysupct · 1830
1 sentence

1886Wharton on Criminal Pleading and Practice, (8th ed.) sec. 870; Long v. The State, 54 Ga. 564 ; Guyott v. Butts, 4 Wend. 579 . 4 A majority of the court are of opinion that the facts here disclosed, under the peculiar circumstances of the case, exempt this statement from the operation of the general rule referred to, and that a new trial ought to have been granted to Merritt Fletcher.

11886–1886

Where else courts name it

NY 18 (1823–2005) AL 12 (1863–1930) PA 10 (1847–1948) IL 9 (1875–2009) CT 8 (1905–2021) TX 8 (1885–1980) IN 8 (1869–1986) MO 7 (1877–1987) CA 6 (1904–1999) GA 5 (1914–1948) MD 5 (1857–1917) IA 5 (1934–2026) TN 4 (1905–1998) CO 4 (1907–1923) KS 4 (1899–1937) KY 3 (1866–1936) HI 3 (1909–1963) DC 3 (1913–2000) VA 3 (1893–1945) MI 2 (1981–1982) AR 2 (1928–1938) SD 2 (1910–2022) MN 2 (1880–1913) FL 2 (1915–1937) OK 2 (1935–1936) NV 2 (1925–1954) WI 2 (1928–1964) OH 2 (1854–2008) MT 2 (1911–1974) LA 2 (1847–1924) NC 2 (1930–1930) MS 2 (1877–1966)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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