Henrickson v. Reinback

• Citation: 1864 WL 2922,33 Ill. 299
• Parties: EDWARD L. HENRICKSONv.HARRY REINBACK AND LOUIS REINBACK.
• Decision Date: 31 January 1864
• Court: Illinois Supreme Court

33 Ill. 299

1864 WL 2922 (Ill.)

EDWARD L. HENRICKSON

v.HARRY REINBACK AND LOUIS REINBACK.

Supreme Court of Illinois.

January Term, 1864.

ERROR to Circuit Court of Morgan County.

Debt by Edward L. Henrickson against Harry Reinback, as principal, and Louis Reinback, as surety, upon an arbitration bond in the penalty of $5,000, given upon a submission by Edward L. Henrickson and Harry Reinback of disputes respecting their accounts with and interest in the firms Henrickson & Reinback, and Reinback & Van Winkle, under which names they were engaged in business as partners. The award made upon said submission was, that said Harry Reinback do account to and pay to the firms of Henrickson & Reinback and Reinback & Van Winkle, the sum of $1,296.90, and that the parties be entitled to the proceeds of all uncollected and outstanding assets of said firms in equal amounts, and that the cost of the arbitration be equally divided between the parties.”

The breaches assigned were as follows:--“Yet the said Harry Reinback, though often requested, has not nor would account and pay to the aforesaid firms of Henrickson & Reinback and Reinback & Van Winkle, nor account to and pay to said plaintiff the aforesaid sum of $1,296.90, nor any part thereof, and hath not nor would give nor pay to said plaintiff, nor allow him to receive one-half of the proceeds of all uncollected and out-standing assets of said firms of Henrickson & Reinback and Reinback and Van Winkle, nor any part thereof, and hath not nor would pay one-half the costs of the aforesaid arbitration, nor any part thereof, but so to do the said defendant, Harry Reinback, hath hitherto wholly neglected and refused, and still doth refuse; and the said plaintiff further avers, that the said defendant, Harry Reinback, since the making the aforesaid award, and in violation of the terms thereof, has, of the proceeds of the assets of the said firms, outstanding and uncollected at the time of the making said award, received and converted to his own use a large amount, to wit, the sum of $2,000; and the said plaintiff further avers, that since the making of the aforesaid award, and by reason of the failure of the said Harry Reinback to keep and perform the same, he, the said plaintiff, has been forced and obliged to pay, upon demands against the aforesaid firms of Henrickson & Reinback and Reinback & Van Winkle, a large sum and large sums of money, amounting in the aggregate to the sum of, to wit, $2,000, by reason whereof,” etc.

A demurrer was sustained to the plaintiff's declaration, assigning as grounds of demurrer, the uncertainty of said award; the claim of plaintiff to the exclusive right to an account for and payment of said sum of $1,296.90; and the plaintiff's claim of $2,000 damages, besides said sum of $1,296.90.

H. B. McClure and C. Epler, for plaintiff in error.

D. A. T. W. Smith, for defendant in error.

BREESE, J.

It is, we believe, a...