Jenkins v. International Bank of Chicago
127 U.S. 484 (1888)

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U.S. Supreme Court

Jenkins v. International Bank of Chicago, 127 U.S. 484 (1888)

Jenkins v. International Bank of Chicago

No. 254

Submitted April 26, 1888

Decided May 14, 1888

127 U.S. 484

ERROR TO THE SUPREME COURT

OF THE STATE OF ILLINOIS

Syllabus

An assignee in bankruptcy appeared in a suit in equity which had been commenced by a bank against the bankrupt before his bankruptcy to obtain a decree for the sale of securities pledged to the bank as collateral, and defended upon the ground of usury and usurious payments of interest. More than five years after the appointment of the assignee, the bank filed a supplemental bill setting up a former adjudication between the bankrupt and the bank made after the commencement of the suit, but before the bankruptcy upon the matter so set up in defense by the assignee. Held that the supplemental bill set up no new cause of action, but only matters operating as an estoppel which were not subject to the limitation prescribed by Rev.Stat. § 5057.

The case as stated by the Court was as follows:

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