Fisher v. the Bd. of Trade of Chicago
| Decision Date | 30 September 1875 |
| Citation | 80 Ill. 85,1875 WL 8712 |
| Parties | AUGUST FISHERv.THE BOARD OF TRADE OF CHICAGO et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Superior Court of Cook county; the Hon. S. M. MOORE, Judge, presiding.
Mr. ALLAN C. STORY, for the appellant.
Messrs. LAWRENCE, CAMPBELL & LAWRENCE, and Messrs. DENT & BLACK, for the appellees
Appellant, being a member of the Board of Trade of the city of Chicago, was complained against by a firm, whose members, one or more, belonged to the same association, for dishonesty in a bran transaction, demanding the action of the board against him, in pursuance of the constitution and rules of the association. Such proceedings were had before the proper authorities of the board, as to result, on their report to the board, in the expulsion of appellant by a vote of a majority of the association voting on the question.
Some weeks thereafter, appellant exhibited his bill on the equity side of the Superior Court of Cook county, against the board, complaining of their action in the premises, and that he had been unjustly expelled, and praying an injunction to restrain the board, its secretary and board of directors, from interfering with him in any manner in the full enjoyment of his rights, privileges and franchises, and in his right in common with other members of the board of entering the rooms used by the board, and from remaining in attendance as a member on the sessions of the board, and to transact business therein unmolested, in the same manner as other members of the board.
An answer was put in to the bill and replication thereto. An affidavit of one Lesley was filed by defendants in support of a motion to dissolve the injunction, and depositions taken on both sides, when, upon the hearing, the injunction was dissolved.
The cause was then considered by the court, and, at the solicitation of complainant, it was proposed a decree should be rendered dismissing the bill. It had been suggested by the court, and reiterated by the defendants' counsel, before the final decree passed, that, on application of complainant to the board of trade, a new vote would be taken on the question of expulsion. To enable the complainant to make up his mind on this proposition, the cause was continued to the next term, at which term, complainant having elected not to apply for a new vote, a final decree was rendered dismissing the bill, and on a suggestion,...
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