
United States v. Apel
District Court, N.D. Illinois · 1942-04-29 · cited 5×
The case involved a motion to quash a ten-count indictment charging the defendant with violating 18 U.S.C.A. § 89 by posting and displaying public posters, circulars, and caricatures that threatened to "hang Roosevelt" and targeted other officials. The defendant argued that the threats were not directed at the President in his official capacity and were not commands to anyone required to act on them. The court overruled the motion, holding that the statute applies to such statements whether or not they reference the President's official role or are directly communicated to a specific person. The decision relied on precedents establishing that the law prohibits expressions of intent to harm the President to protect his safety and prevent incitement to disorder.
criminal lawfree speech
Fieldcrest Dairies, Inc. v. City of Chicago
District Court, N.D. Illinois · 1940-10-18 · cited 5×
The case Fieldcrest Dairies, Inc. v. City of Chicago involved a dairy company seeking to use single-service paper containers for milk sales in Chicago, challenging the city's ordinance requiring "standard milk bottles" for quantities less than one gallon. The court decided that the plaintiff's paper containers qualified as "standard milk bottles" under the ordinance and issued a declaratory judgment and injunction preventing the city from interfering with their use. The reasoning centered on evidence that the containers posed no health hazards, met sanitary requirements, aligned with the broad definition of "bottle," and conformed to industry standards as recognized in other cities, Illinois statutes, and federal recommendations, allowing the ordinance to be interpreted in light of modern practices.
business & regulatory
Chambers v. Cameron
District Court, N.D. Illinois · 1939-10-03 · cited 23×
In Chambers v. Cameron, trustees under a 1938 trust agreement sued in replevin to recover possession of nine show horses that had been transferred as security for a promissory note and then delivered by Jacobson to defendant Cameron for sale. Jacobson intervened with a lengthy counterclaim alleging a conspiracy by the trustees, the Southern Malleable Iron Company, and its officers to force a default so they could seize the trust property. The court granted motions to dismiss the counterclaim, holding that it violated Rules 8(a) and 12(f) by being verbose and containing redundant or evidentiary matter, failed to plead fraud with particularity under Rule 9(b), improperly mixed defensive allegations with counterclaims, and improperly sought relief against non-opposing parties rather than the trustees in their fiduciary capacity.
procedureproperty
In Re Chicago, G. W. R.
District Court, N.D. Illinois · 1939-09-09 · cited 7×
This case concerns the reorganization proceedings of the Chicago Great Western Railroad Company under section 77 of the Bankruptcy Act, which began in 1935 after the debtor filed for reorganization due to financial distress. The court approved the modified plan of reorganization that had been certified by the Interstate Commerce Commission following hearings, reports, and modifications in 1938 and 1939. The court's core reasoning was that the plan complies with subsections (b) and (e) of section 77, is fair and financially sound for the public and security holders, and that objections by common stockholders on issues such as interest accrual and sinking funds lacked merit.
business & regulatoryfederal powerprocedure
United States v. Borden Co.
District Court, N.D. Illinois · 1939-07-13 · cited 12×
The case involved an indictment against fourteen corporations and associations and forty-three individuals for engaging in an unlawful combination and conspiracy in restraint of interstate commerce in fluid milk in Chicago, in violation of Section 1 of the Sherman Act. The court considered demurrers and motions to quash the four-count indictment. It sustained the demurrers to counts 1, 2, and 4 on the ground that they failed to properly charge a single conspiracy affecting interstate commerce. The court also sustained the demurrer to count 3, finding it duplicitous because it alleged at least four separate and independent conspiracies and lacked sufficient direct allegations that the restraints on independent distributors and stores affected interstate commerce.
criminal lawbusiness & regulatoryfederal power
United States v. Balaban
District Court, N.D. Illinois · 1939-02-17 · cited 13×
The case concerns charges of criminal contempt against motion picture exhibitors and distributors, including Balaban & Katz and various film companies, for allegedly willfully violating a 1932 injunctive decree governing film licensing, clearances, and zoning in the Chicago Exchange Territory. The defendants moved for a bill of particulars to obtain more specific details on the information's allegations regarding affiliated versus unaffiliated theaters, exclusion from first-run exhibitions, franchise and clearance agreements, and related conduct. The court granted the motions in part, ordering the government to furnish particulars on identified paragraphs—such as names of unaffiliated exhibitors, dates of requests or refusals, terms of lease attempts, and copies of uniform agreements—while denying the requests as to other paragraphs. The core reasoning was that the defendants needed sufficient factual clarification to prepare a defense to the contempt charges without requiring the government to disclose its entire evidentiary case.
criminal lawbusiness & regulatory
Christen v. New York Life Ins. Co.
District Court, N.D. Illinois · 1937-06-03 · cited 2×
This case involved a claim for double indemnity benefits under seven life insurance policies after the insured, a store fixtures designer, died in an airplane crash while traveling as a paying passenger from Kansas City to Los Angeles in 1931. The insurer had already paid the single indemnity but denied the double benefits, citing policy exclusions for death resulting from 'engaging, as a passenger or otherwise, in aeronautic operations' or 'participation as a passenger or otherwise in aviation or aeronautics.' The court ruled for the defendant insurer, holding that the exclusions applied to the insured's death. It reasoned that precedents interpreting identical policy language, such as Goldsmith and Mayer, established that the phrases 'as a passenger or otherwise' made the exclusions all-inclusive and barred recovery even for a one-time passenger with no control over the flight, distinguishing an earlier Seventh Circuit decision that lacked those qualifying words.
business & regulatory
In Re 2747 Milwaukee Ave. Bldg. Corporation
District Court, N.D. Illinois · 1935-11-19 · cited 11×
This case involved applications for attorneys' fees, trustee compensation, and related expenses in a corporate reorganization proceeding under section 77B of the Bankruptcy Act for the debtor 2747 Milwaukee Ave. Bldg. Corporation, following confirmation of a reorganization plan. The court reviewed recommendations from a special master and applied statutory limits allowing only reasonable compensation for services actually rendered in connection with the proceeding or a prior receivership, while emphasizing the Act's goal of economical administration and minimizing costs to facilitate debtor rehabilitation. It categorized allowable fees under subsections such as 77B(c)(9) and incorporated general bankruptcy rules like section 64, then approved reduced amounts for most applicants—including $3,000 plus expenses for the petitioning creditors' attorney, $3,087.50 for the trustee's attorneys, and lesser sums for others—while deferring rulings on the bondholders' committee and its counsel. The core reasoning stressed that fees must meet a reasonableness standard, adhere to congressional intent for low-cost reorganization, and follow advisory bar association schedules only where consistent with federal policy.
business & regulatoryprocedure
In Re National Lock Co.
District Court, N.D. Illinois · 1934-12-31 · cited 4×
The case concerned a proposed reorganization plan under section 77B of the Bankruptcy Act for National Lock Co., a solvent Delaware corporation that had defaulted on its mortgage bonds but remained in possession of its assets and operations. The court addressed whether the plan materially and adversely affected the debtor's three classes of stockholders (A preferred, B preferred, and common). It decided that all three classes were affected. The core reasoning was that the plan's restrictions on dividend payments, requirement for the company to execute a supplemental trust deed waiving its equity of redemption, and creation of sinking and contingent interest funds from earnings would alter stockholders' rights and interests in a solvent entity, as such changes could not be imposed without impacting their position.
business & regulatoryfederal power
Capitol Taxicab Co. v. Cermak
District Court, N.D. Illinois · 1932-08-19 · cited 11×
The case involved a taxicab corporation seeking an injunction to prevent Chicago municipal authorities from enforcing an ordinance that required new applicants for taxicab licenses to prove public convenience and necessity after a hearing, while exempting operators with existing licenses from this requirement. The plaintiff argued that the ordinance's grandfathering provisions and delegation of discretion to a commission created unconstitutional discrimination and arbitrary power under the Fourteenth Amendment. The court granted the defendants' motion to dismiss, ruling that the ordinance was a valid exercise of the city's delegated police powers over streets and public vehicles under Illinois law. The decision rested on precedents establishing that municipalities may impose reasonable conditions on the use of public streets for private gain, that the ordinance was presumed reasonable, and that similar regulations had been upheld by the Illinois Supreme Court as serving the public welfare without violating federal constitutional limits.
business & regulatorycivil rights
Great Lakes Dredge & Dock Co. v. Brown
District Court, N.D. Illinois · 1930-11-26 · cited 9×
This case was a bill for injunction seeking review of an award by the Deputy Commissioner under the federal Longshoremen’s and Harbor Workers’ Compensation Act for an injury sustained by a worker in maritime employment on a navigable waterway. The employer argued that the federal claim filed more than one year after the injury was barred by the statute of limitations, pointing to prior payments and a release executed under the Illinois Workmen’s Compensation Act. The court held that the claim was timely because liability arose exclusively under federal law, the state proceedings were void, payments counted toward the federal act, and the release was invalid under 33 USCA § 916; the one-year period therefore ran from the last payment on July 11, 1929. The bill was dismissed for want of equity.
labor & employmentfederal power