County of Cook v. Barrett

36 Ill. App. 3d 623, 344 N.E.2d 540 (1975)

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County of Cook v. Barrett

Illinois Appellate Court
36 Ill. App. 3d 623, 344 N.E.2d 540 (1975)

Facts

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

Issue

Holding and Reasoning (Dempsey, J.)

Concurrence (McGloon, J.)

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