Legal Opinion

Medinah Temple Co. v. Currey

Appellate Court of Illinois

Decided April 22, 1895PublishedCited by 5 opinions

Voluntary Assignment.—Appeal from the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding. Submitted at the March term, 1895, of this court. '

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion

op the Court.

The principal question presented in the record of this case is whether, under the statute of this State concerning assignments for the benefit of creditors, the making by a debtor of a voluntary assignment for the benefit of creditors is a violation of any of the covenants of a lease wherein the lessor agreed “ not to assign such lease, let or sublet the premises described therein, or any part thereof, without the written consent of the lessor.”

It is well settled that an assignment by mere operation of law, as a sale upon…

2Cases cited3 opinions

  1. Barth v. . BackusNew York Court of Appeals · 1893
  2. Upton v. HubbardSupreme Court of Connecticut · 1859
  3. Boyd v. Fraternity Hall Ass'nAppellate Court of Illinois · 1885

3Cited by5 opinions

  1. Powell v. NicholsSupreme Court of Oklahoma · 1910
  2. Easley Coal Co. v. Brush Creek Coal Co.West Virginia Supreme Court · 1922
  3. Millers Mutual Casualty Co. v. Insurance Exchange Building Corp.Appellate Court of Illinois · 1920
  4. Glenn v. GrossSupreme Court of Iowa · 1940
  5. Hockman v. Sunhew Petroleum Corp.Montana Supreme Court · 1932

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