Pogue v. Rowe
Illinois Supreme Court
Writ oE Error to the County Court of DeKalb county; the Hon. W. E. Pond, Judge, presiding. In 1906 John Clausen was a merchant in DeKalb county, owning a stock of merchandise and some other personal property. He was insolvent. He made a common law assignment to J. B. Pogue for the benefit of his creditors, and Pogue took possession of the stock of merchandise and the other property and proceeded to administer the trust. The Rock Island Plow Company was one of the creditors.
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Writ oE Error to the County Court of DeKalb county; the Hon. W. E. Pond, Judge, presiding. In 1906 John Clausen was a merchant in DeKalb county, owning a stock of merchandise and some other personal property. He was insolvent. He made a common law assignment to J. B. Pogue for the benefit of his creditors, and Pogue took possession of the stock of merchandise and the other property and proceeded to administer the trust. The Rock Island Plow Company was one of the creditors. It secured a judgment against Clausen, after Pogue had taken possession, for the sum of $131. An execution issued on…
1Opinion of the CourtJustice Scott
When the property was transferred to Pogue there was no attempt to comply with the so-called “Bulk Sales act.” (Laws of 1905, p. 284.) The court held the transfer to Pogue to be void on account of this non-compliance. This view is erroneous. That act is unconstitutional. We have so held since this case was tried in the county court. Off v. Morehead, 235 Ill. 40.
The court also held that,. irrespective of that statute, Pogue did not obtain, by virtue of the assignment, any title to the property which would enable him to maintain a suit in replevin against the constable. This, also, was…
2Cases cited5 opinions
- Charges J. Off & Co. v. MoreheadIllinois Supreme Court · 1908
- Howe v. WarrenIllinois Supreme Court · 1894
- Harbaugh v. CostelloIllinois Supreme Court · 1900
- Tuttle v. RobinsonIllinois Supreme Court · 1875
- Kimball v. MulhernIllinois Supreme Court · 1853
3Cited by14 opinions
- McKey v. SwensonMichigan Supreme Court · 1925
- G. S. Johnson Co. v. BelooskyIllinois Supreme Court · 1914
- In re FarrellCourt of Appeals for the Sixth Circuit · 1910
- Gazett v. Iola Co-operative Mercantile Co.Wisconsin Supreme Court · 1916
- Cardiff Gypsum Plaster Co. v. Hales Coal & Material Co.Appellate Court of Illinois · 1925
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