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COOK v. COHN

Gen. No. 47,893.

25 Ill. App.2d 330 (1960)

166 N.E.2d 614

Robert B. Cook, Plaintiff-Appellee, v. Milton Cohn, et al., etc., Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

April 26, 1960.

Attorney(s) appearing for the Case

Altheimer, Kabaker, Lipson & Naiburg, of Chicago (Alan J. Altheimer, Herman A. Kabaker, Lionel G. Gross, David V. Kahn, of counsel) for appellants.

Hertz, Cook and Flynn, of Chicago (Frederick J. Hertz, Robert B. Cook, A. Louis Flynn, of counsel) for appellee.

JUSTICE KILEY delivered the opinion of the court.

This is a representative suit by a customer of defendants Milton Cohn and Aaron Greenfield, d/b/a Contractors' Furniture and Carpet Co. (called Seller herein), for declaration of a trust upon a sales tax refund, and for an injunction and accounting. Cohn died after suit was filed and the executors and trustees under his will were substituted. In a summary decree the relief prayed was granted and the cause referred...

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