H. B. Claflin Co. v. Kelley

Appellate Court of Illinois

H. B. Claflin Co. v. Kelley

64 Ill. App. 525, 1896 Ill. App. LEXIS 958

DecidedJune 1, 1896

StatusPublished

This text of 64 Ill. App. 525 (H. B. Claflin Co. v. Kelley) 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

H. B. Claflin Co. v. Kelley, 64 Ill. App. 525, 1896 Ill. App. LEXIS 958 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

Sec. 10 of the act relating to voluntary assignments, chapter 72 of the Revised Statutes of Illinois, reads as follows:

“ And all creditors who shall not exhibit his, her or their claim within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term and allowed by the County Court.”

That a claim is litigated and disputed during the time to file claims, is no excuse for not presenting it to the assignee. Rassieur v. Jenkins, Assignee, 64 Ill. App. 336; Snydacker v. Swan Land Co., 154 Ill. 220.

The Illinois statute concerning assignments was taken largely from the Iowa statute. In that State the Supreme Court hold that a claim filed after three months can not prorate, and that no equitable considerations whatever entitle the claimant to relief. The following decisions of the Iowa Supreme Court have been frequently cited and-followed by the courts of Illinois: In re Holt, 45 Ia. 301; McKindley v. Nourse, 67 Ia. 119; Loomis v. Griffin, 78 Ia. 482; Carter v. Lee, 47 N. W. Rep. 1014; Conlee Lumber Co. v. Meyer, 74 Ia. 403; Smith v. Wheeler, 12 N. W. Rep. (Ia.) 626; In re Stewart, 43 N. W. Rep. (Ia.) 296; Budd v. King, 48 N. W. Rep. (Ia.) 296; Clendenning v. Perrine, 49 N. W. Rep. (Ia.) 334; Scott v. Thomas, 62 N. W. Rep. (Ia.) 790.

It is not alleged that the petitioner did not have knowledge of the assignment. If the assignee conspired and by fraudulent means prevented the petitioner from filing its claim within the three months, such conduct did not extend appellant’s time to file such claim. The petitioner should in such case proceed against the assignee personally.

The order of the County Court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Waterman

delivered the opinion of the Court.

Sec. 10 of the act relating to voluntary assignments, chapter 72 of the Revised Statutes of Illinois, reads as follows:

“ And all creditors who shall not exhibit his, her or their claim within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term and allowed by the County Court.”

That a claim is litigated and disputed during the time to file claims, is no excuse for not presenting it to the assignee. Rassieur v. Jenkins, Assignee, 64 Ill. App. 336; Snydacker v. Swan Land Co., 154 Ill. 220.

The Illinois statute concerning assignments was taken largely from the Iowa statute. In that State the Supreme Court hold that a claim filed after three months can not prorate, and that no equitable considerations whatever entitle the claimant to relief. The following decisions of the Iowa Supreme Court have been frequently cited and-followed by the courts of Illinois: In re Holt, 45 Ia. 301; McKindley v. Nourse, 67 Ia. 119; Loomis v. Griffin, 78 Ia. 482; Carter v. Lee, 47 N. W. Rep. 1014; Conlee Lumber Co. v. Meyer, 74 Ia. 403; Smith v. Wheeler, 12 N. W. Rep. (Ia.) 626; In re Stewart, 43 N. W. Rep. (Ia.) 296; Budd v. King, 48 N. W. Rep. (Ia.) 296; Clendenning v. Perrine, 49 N. W. Rep. (Ia.) 334; Scott v. Thomas, 62 N. W. Rep. (Ia.) 790.

It is not alleged that the petitioner did not have knowledge of the assignment. If the assignee conspired and by fraudulent means prevented the petitioner from filing its claim within the three months, such conduct did not extend appellant’s time to file such claim. The petitioner should in such case proceed against the assignee personally.

The order of the County Court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

64 Ill. App. 525, 1896 Ill. App. LEXIS 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-b-claflin-co-v-kelley-illappct-1896.

Opinion

Related

Cite This Page — Counsel Stack