McIntire v. Benson
Illinois Supreme Court
This was an action commenced in the Cook County Court of Common Pleas by the appellant, plaintiff below. Declaration filed December 11th, 1856, alleging that said defendants, in November last, seized and took certain personal property, consisting of bricks, lumber and horses, and the implements for making brick, of the value of four thousand two hundred and seventy-seven dollars and thirty-two cents, of the said plaintiff, as assignee, and converted and disposed of them to…
Read the full summary
This was an action commenced in the Cook County Court of Common Pleas by the appellant, plaintiff below. Declaration filed December 11th, 1856, alleging that said defendants, in November last, seized and took certain personal property, consisting of bricks, lumber and horses, and the implements for making brick, of the value of four thousand two hundred and seventy-seven dollars and thirty-two cents, of the said plaintiff, as assignee, and converted and disposed of them to their own use. Pleas—First, the general issue; second, defendants, in several amended pleas, recite three several…
1Opinion of the CourtBreese, J.
The only question presented for our consideration by this record' is, as to the effect, in a voluntary deed of assignment, of the following clause, viz:
“ And the said party of the second part hereby covenants and agrees to execute said trust faithfully, according to the stipulations herein contained, being responsible only for his actual receipts and willful defaults.”
We think this clause makes the deed fraudulent and void, for these reasons: that as trustee, the assignee is bound to manage the trust property for the benefit of the creditors with all the care and caution and diligence of a…
2Cited by11 opinions
- Gardner v. Commercial National BankIllinois Supreme Court · 1880
- Myers v. KinzieIllinois Supreme Court · 1861
- Tuttle v. GilmoreSupreme Court of New Jersey · 1883
- Hardin v. OsborneIllinois Supreme Court · 1871
- Sackett v. MansfieldIllinois Supreme Court · 1861
6 more not listed; retrieve them via the Exa API.