S. A. Kean & Co. v. Lowe
Appellate Court of Illinois
Appeal from the County Court of Cook County; the Hon. Thank Scales, Judge, presiding. This case was heard by the County Court upon the following stipulation: “ State of Illinois, County of Cook, ss. In the County Court of Cook County. “ In. the matter of the estate of Robert Larkins, insolvent, Perley Lowe, assignee.
Read the full summary
Appeal from the County Court of Cook County; the Hon. Thank Scales, Judge, presiding. This case was heard by the County Court upon the following stipulation: “ State of Illinois, County of Cook, ss. In the County Court of Cook County. “ In. the matter of the estate of Robert Larkins, insolvent, Perley Lowe, assignee. In re the petition of S. A. Kean & Co. The parties in the above entitled cause, now pending and undetermined in said court, do hereby stipulate and agree that the facts of the matter in controversy are as follows, to wit: That on the 23d of September, 1889, four judgments,…
1Opinion of the CourtJustice Waterman
That cases may arise in which, under the géneral powers conferred on the County Court by the Voluntary Assignment Act, claims not prosecuted within three months after publication are to be allowed to participate in dividends as if filed within that time, has been held by this court as well as by others. Suppiger v. Gruaz, 36 Ill. App. 60; Winona Paper Co. v. First Nat. Bank, 33 Ill. App. 630.
We do not think, however, that the fact that a creditor neglects to prove his claim within the time limited, because he is of the opinion that 'he has security out of which he can make Ms claim without…
2Cases cited2 opinions
- Winona Paper Co. v. First National Bank of KalamazooAppellate Court of Illinois · 1889
- Suppiger v. GruazAppellate Court of Illinois · 1890