{
  "id": 2895997,
  "name": "John H. Constas, Appellee, v. Peter Gregoris, Appellant",
  "name_abbreviation": "Constas v. Gregoris",
  "decision_date": "1915-04-26",
  "docket_number": "Gen. No. 20,297",
  "first_page": "376",
  "last_page": "377",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 376"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 216,
    "char_count": 3207,
    "ocr_confidence": 0.55,
    "sha256": "fdb6991326378d7651f67c919edba922e374ca6b60908f9b239f1db072935ce9",
    "simhash": "1:afde4fa5d98d1b19",
    "word_count": 523
  },
  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John H. Constas, Appellee, v. Peter Gregoris, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.\n4. Cancellation of instruments, \u00a7 37 -\u2014when note ordered surrendered for cancellation. Where a court of equity acquires jurisdiction over a proceeding for the dissolution of partnership and an accounting, and finds that a judgment note signed by one of the parties and payable to the other, was agreed to he paid out of the complainant\u2019s share of the profits of the business and had been in fact paid or satisfied in an accounting before judgment had been entered upon it at the suit of the defendant, it is within the jurisdiction of the court to enjoin the defendant perpetually from collecting or attempting to collect the same or the judgment entered upon it and to order, the defendant to deliver it up to the court for cancellation.\n5. Equity, \u00a7 25*\u2014when jurisdiction not lost 6y agreement of parties pendente lite. Where a court of equity acquires jurisdiction over a proceeding involving the dissolution of partnership and an accounting, the jurisdiction of the court to enjoin the collection of the judgment entered upon a note which the court found had been fully paid was not affected by an agreement between the parties, entered into after the coming in of the master\u2019s report, to dissolve the partnership and settle all other matters in dispute between them except the note in question and the judgment thereon.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "James D. Power, for appellant.",
      "Grover C. Niemeyer, for appellee."
    ],
    "corrections": "",
    "head_matter": "John H. Constas, Appellee, v. Peter Gregoris, Appellant.\nGen. No. 20,297.\nAbstract of the Decision.\n1. Partnership, \u00a7 371 \u2014when equity has jurisdiction over dissolution and accounting. A dispute between partners concerning the dissolution of partnership and an accounting forms the proper basis for the exercise of equity jurisdiction.\n2. Equity, \u00a7 23*\u2014when jurisdiction retained. Where a court of equity acquires jurisdiction for one purpose it will retain it for all purposes necessary to complete justice, although such retention requires that some matters be passed upon which would not otherwise be cognizable in that court.\n3. Equity, \u00a7 23*\u2014when legal questions determined. Where a court of equity acquires jurisdiction for the purpose of correcting a mistake in the terms of a promissory note, it may retain jurisdiction for the purpose of ascertaining the amount due and enforcing its payment, although such ascertainment and enforcement of themselves involve purely legal questions.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the March term, 1914.\nAffirmed.\nOpinion filed April 26, 1915.\nStatement of the Case.\nAction by John Hi. Constas against Peter Gregoris involving the dissolution of a partnership and an accounting. From a decree finding that a note signed by the complainant and payable to the defendant had been fully paid prior to the recovery of a judgment thereon, and enjoining the collection of such judgment, defendant appeals.\nJames D. Power, for appellant.\nGrover C. Niemeyer, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0376-01",
  "first_page_order": 400,
  "last_page_order": 401
}