SmartBrief
Confirm favorite deletion?
Business Associations Keyed to Bainbridge
Galler v. Galler
Citation:
203 N.E.2d 577 (1964)Facts
From 1919 to 1924, Benjamin and Isadore Galler, brothers, were equal partners in the Galler Drug Company, a wholesale drug concern. In 1924 the business was incorporated under the Illinois Business Agreement, each owning one half of the outstanding 220 shares of stock. In March, 1954, Benjamin and Isadore decided to enter into an agreement for the financial protection of their immediate families and to assure their families equal control of the corporation. In June, 1954, Benjamin suffered a heart attack and was unable to return to work. During his brother’s illness, Isadore asked the accountant to have the shareholders’ agreement put in final form to protect Benjamin’s wife. On July 1956, Benjamin executed an instrument creating a trust name his wife as trustee. The trust covered the 104 shares of Galler Drug Company stock and the stock certificates were endorsed by Benjamin and delivered to Emma. Defendants sought to have Emma abandon the 1955 agreement. In 1956, after Emma had refused to abandon the shareholders’ agreement, she refused to modify the agreement and sought enforcement of its terms. Defendants refused and this suit followed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Outline
Stock SharesTopic Refresher Course
Breach: Major and MinorTopic Charts & Notes
Parties Chart