ANDERSON v. ELLIOTT

Gen. No. 46,146.

1 Ill. App.2d 448 (1954)

117 N.E.2d 876

Andrew B. Anderson et al., Appellants, v. N. Manley Elliott, Sidney H. Koch, and Mitchell M. Leon, Appellees.

Appellate Court of Illinois.

Rehearing denied March 16, 1954.

Released for publication March 23, 1954.


Attorney(s) appearing for the Case

FREDERICK J. BERTRAM, and JOHN E. ERICKSON, both of Chicago, for appellants.

ANDERSON & ROCHE, THEODORE L. FORSBERG, DOTY & JOHNSON, and SEYMOUR J. LAYFER, all of Chicago, for appellees; C. HILDING ANDERSON, and SEYMOUR J. LAYFER, both of Chicago, of counsel.


MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This case comes to us upon the complaint, motion to dismiss, supported by affidavit, and reply thereto, supported by counter-affidavit. The essence of the complaint is that defendants conspired to defraud plaintiffs, former holders of certain certificates of beneficial interest in the now defunct Byron Apartments Liquidation Trust, by selling the trust property for $2,000 less than could have been...

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