County of Cook v. Barrett
Illinois Appellate Court
36 Ill. App. 3d 623, 344 N.E.2d 540 (1975)
The County of Cook (County) (plaintiff) filed a complaint and amended complaint in chancery court against former County Clerk Edward J. Barrett (defendant), seeking the declaration of a constructive trust and an accounting for alleged bribes. The County alleged that Barrett had received bribes for recommending contracts and proposals from a voting-machine company and that, because of Barrett’s recommendations, the County spent more money on voting machines than it would have otherwise. Barrett moved to dismiss the amended complaint, arguing that the equitable remedy of a chancery court’s declaration of a constructive trust was unwarranted because (1) the doctrine could not be applied to someone in Barrett’s position; (2) the County sought only a money judgment with an incidental and simple accounting, and therefore, a legal remedy was appropriate; and (3) the County failed to allege actual damages. The trial court dismissed the amended complaint, and the County appealed.
Rule of Law
Holding and Reasoning (Dempsey, J.)
Concurrence (McGloon, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.