P. C. Hanford Oil Co. v. First National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. The firm of Ferris & Avery were merchants doing business in Chicago.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Garnett, Judge, presiding. The firm of Ferris & Avery were merchants doing business in Chicago. On the 13th day of October, 1884, they being in good credit, though really insolvent, borrowed of the appellee bank $1600, and gave their note at ninety days, accompanied with a power of attorney to confess judgment thereon at any time before or after the note became due. Counsel for appellee, in his statement of facts, says: “There was a more or less…
1Opinion of the CourtJustice Shore
The principal question arising upon this record is, was the judgment of the appellee an unlawful preference, within the meaning of the 13th section of the Voluntary Assignment act. Preliminary, however, to the consideration of this question, "the power and jurisdiction of the county court to make any order affecting the lien of the execution issued on said judgment are challenged.
It is the settled law in this State, that when a voluntary assignment is made under the statute, and the property has passed into the possession of the assignee, the property is thereby brought under the…
2Cases cited9 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Winner v. HoytWisconsin Supreme Court · 1886
- Burrows v. LehndorffSupreme Court of Iowa · 1859
- Bouton v. DementIllinois Supreme Court · 1887
- Van Patten v. BurrSupreme Court of Iowa · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Gorrell v. Home Life Ins. Co. of New YorkCourt of Appeals for the Seventh Circuit · 1894
- Burch v. WestIllinois Supreme Court · 1890
- Ide v. SayerAppellate Court of Illinois · 1889
- Seiter v. MoweIllinois Supreme Court · 1899
- Home National Bank v. Sanchez & HayaIllinois Supreme Court · 1890
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