American Cutlery Co. v. Joseph

Appellate Court of Illinois

American Cutlery Co. v. Joseph

44 Ill. App. 194, 1891 Ill. App. LEXIS 626

CourtAppellate Court of Illinois

DecidedMarch 19, 1892

StatusPublished

Cited by1 cases

This text of 44 Ill. App. 194 (American Cutlery Co. v. Joseph) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Cutlery Co. v. Joseph, 44 Ill. App. 194, 1891 Ill. App. LEXIS 626 (Ill. Ct. App. 1892).

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Opinion

Gaby, J.

By petition to the County Court the appellant sought to have that court hold that twenty-three separate judgments, entered upon as many judgment notes, given by the appellees to their several creditors, and which judgments, as the petition alleges, the appellees caused to be entered, and caused executions thereon to issue, and to be levied, constituted a voluntary assignment for the benefit of their creditors. That court refused so to do, and now the appellant comes here and asks us to so hold.

In Farwell v. Nilsson, 35 Ill. App. 164, 135 Ill. 135, the law is held the other way; and in First National Bank v. North Wisconsin Lumber Co., 41 Ill. App. 383, all the prior cases are collected in order to show that security and means of payment to a creditor, or to separate creditors severally, though all others are defeated, do not constitute an assignment for the benefit of creditors under the statute. I once thought such security an evasion of the statute, to be reached by bill in equity, but have been taught better. Farwell v. Nilsson, 35 Ill. App. 164.

The decree dismissing the petition is affirmed.

Decree affirmed*

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Gaby, J.

By petition to the County Court the appellant sought to have that court hold that twenty-three separate judgments, entered upon as many judgment notes, given by the appellees to their several creditors, and which judgments, as the petition alleges, the appellees caused to be entered, and caused executions thereon to issue, and to be levied, constituted a voluntary assignment for the benefit of their creditors. That court refused so to do, and now the appellant comes here and asks us to so hold.

In Farwell v. Nilsson, 35 Ill. App. 164, 135 Ill. 135, the law is held the other way; and in First National Bank v. North Wisconsin Lumber Co., 41 Ill. App. 383, all the prior cases are collected in order to show that security and means of payment to a creditor, or to separate creditors severally, though all others are defeated, do not constitute an assignment for the benefit of creditors under the statute. I once thought such security an evasion of the statute, to be reached by bill in equity, but have been taught better. Farwell v. Nilsson, 35 Ill. App. 164.

The decree dismissing the petition is affirmed.

Decree affirmed*

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Bluebook (online)

44 Ill. App. 194, 1891 Ill. App. LEXIS 626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-cutlery-co-v-joseph-illappct-1892.

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