Farwell v. Nilsson
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon« Lorie C. Collies, Judge, presiding. Appellant filed a creditor’s bill in which, after alleging the recovery of a judgment against said appellee Ifilsson, and the return of an execution issued thereon, no part satisfied, it is further alleged, that April 5, 1888, and for some time prior to that date, the defendant Ifilsson, was engaged in mercantile business in the city of Chicago, and on that date, and for a long time…
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Appeal from the Circuit Court of Cook County; the Hon« Lorie C. Collies, Judge, presiding. Appellant filed a creditor’s bill in which, after alleging the recovery of a judgment against said appellee Ifilsson, and the return of an execution issued thereon, no part satisfied, it is further alleged, that April 5, 1888, and for some time prior to that date, the defendant Ifilsson, was engaged in mercantile business in the city of Chicago, and on that date, and for a long time prior thereto, but for how long complainants are unable to state, said Ifilsson was wholly insolvent and unable to pay his…
1Opinion of the CourtMoran, J.
The question presented by this case and argued by counsel is, whether a debtor who is in failing circumstances may prefer creditors by giving to one or more of them judgment notes, by which such creditors are enabled to satisfy their claims out of the debtor’s property to the exclusion of other creditors, and by the appropriation of all the debtor’s assets.
Appellant’s contention is based upon what is claimed to be the proper construction of the voluntary assignment law of this State, known as act of 1887, and the argument is that as that' act declares that every provision in any assignment…
2Cases cited2 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- White v. CotzhausenSupreme Court of the United States · 1889
3Cited by4 opinions
- First National Bank v. North Wisconsin Lumber Co.Appellate Court of Illinois · 1891
- American Cutlery Co. v. JosephAppellate Court of Illinois · 1892
- Fox v. Oriel Cabinet Co.Appellate Court of Illinois · 1897
- Illinois Paper Co. v. Northwestern National BankAppellate Court of Illinois · 1892