{
  "id": 5411542,
  "name": "William H. Herhold, Appellant, v. Frederick H. Herhold and Herhold Chair Company, Appellees",
  "name_abbreviation": "Herhold v. Herhold",
  "decision_date": "1917-01-22",
  "docket_number": "Gen. No. 22,451",
  "first_page": "272",
  "last_page": "273",
  "citations": [
    {
      "type": "official",
      "cite": "203 Ill. App. 272"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 230,
    "char_count": 3411,
    "ocr_confidence": 0.513,
    "sha256": "1505a0398fa447e22cc1b409ac22851b2eb20dac316538a8137124ead816eadc",
    "simhash": "1:0867895039c3125b",
    "word_count": 549
  },
  "last_updated": "2023-07-14T17:03:43.745976+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "William H. Herhold, Appellant, v. Frederick H. Herhold and Herhold Chair Company, Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Corporations, \u00a7 267 \u2014when evidence is insufficient to support bill in suit for accounting against officer. Evidence held insufficient to support the allegations of the bill or to warrant appointment of a receiver in a suit against an officer of a corporation for alleged misappropriation of funds.\n2. Corporation's, \u00a7 554 \u2014when appointment of receiver proper for going corporation. So long as a concern is a prosperous going corporation there is no necessity for a receiver, and before one is appointed it must clearly appear that such appointment is an imperative necessity to preserve the property of the concern.\n3. Corporations, \u00a7 554 \u2014when appointment of receiver proper because of apprehensions as to future of corporation. Apprehensions of the future of a corporation, to entitle the appointment of a receiver thereof, must be founded on facts clearly proven by evidence and not merely on hostile expressions, especially such as naturally arise out of a family quarrel.\n4. Corporations, \u00a7 553 \u2014when depriving stockholder of office is not ground for appointment of receiver. Merely depriving a stockholder, by vote of directors representing a majority of the stock, of his employment as secretary of a corporation is not such evidence as warrants appointment of a receiver of the company, in the absence of facts showing loss to the stockholder as such.\n5. Corporations, \u00a7 267 \u2014when opinion in another case in which officer was party is inadmissible in suit against him for accounting. Evidence under a bill for accounting, charging a misappropriation of funds by an officer of a corporation consisting of an opinion of the Appellate Court in another case in which the defendant was a party, offered as tending to show his improper conduct in that case and a habit on his part, held properly excluded.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Worth Allen, for appellant.",
      "Mayer, Meyer, Austrian & Platt, for appellees; Carl Meyer, of counsel."
    ],
    "corrections": "",
    "head_matter": "William H. Herhold, Appellant, v. Frederick H. Herhold and Herhold Chair Company, Appellees.\nGen. No. 22,451.\n(Not to he reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Frederick A. Smith, Judge, presiding. Heard in this court at the March term, 1916.\nAffirmed.\nOpinion filed January 22, 1917.\nCertiorari denied ky Supreme Court (making opinion final).\nStatement of the Case.\nBill by William H. Herhold, complainant, against Frederick H. Herhold and Herhold Chair Company, a corporation, defendants, charging misappropriation of funds of the company by Frederick H. Herhold and praying for an accounting, restitution and appointment of a receiver of the company. From an order by the court on its own motion dismissing the bill for want \u00f3f equity, the complainant appeals.\nComplainant was a brother of the defendant Frederick H. Herhold, and they, with other brothers and sisters, were the sole stockholders of the defendant company, and complainant was at one time secretary of the company, but in consequence of complainant\u2019s refusal to join in a certain disposition of the estate of their parents desired by the others, complainant was deposed at the next directors\u2019 meeting from his office as secretary of the company and from his employment as superintendent of the business.'\nWorth Allen, for appellant.\nMayer, Meyer, Austrian & Platt, for appellees; Carl Meyer, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0272-01",
  "first_page_order": 296,
  "last_page_order": 297
}