Mallin v. Wenham
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. In this case a bill is filed by appellant, Mallín, against appellee and Armour & Co. ■ Mallín, for several years prior to the commencement of this suit, was employed continuously by Armour & Co. on a salary of $100 per month. He had no definite contract of employment, but was employed from month to month.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. In this case a bill is filed by appellant, Mallín, against appellee and Armour & Co. ■ Mallín, for several years prior to the commencement of this suit, was employed continuously by Armour & Co. on a salary of $100 per month. He had no definite contract of employment, but was employed from month to month. Between October, 1897, and June, 1898, he from time to time borrowed money from appellee at usurious rates of interest.…
1Opinion of the CourtJustice Ricks
In respect to the first proposition mentioned, the authorities are ample and conclusive to the effect that an assignment of wages to be earned in the future, under an existing employment, is valid. This precise question has frequently been passed upon by the courts of the different States and of England, and, so far as we are advised, the courts of dernier ressort have, without exception,- upheld such contracts where they have been for a valuable consideration and untainted with fraud. The authorities are to the effect that it is not necessary that there be an express hiring for a definite…
2Cases cited13 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Frober v. PeopleIllinois Supreme Court · 1892
- Carroll v. City of East St. LouisIllinois Supreme Court · 1873
- Smith v. AtkinsSupreme Court of Vermont · 1846
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3Cited by41 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Levin v. Civil Service CommissionIllinois Supreme Court · 1972
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- State Street Furniture Co. v. Armour & Co.Illinois Supreme Court · 1931
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