Bauer Grocer Co. v. McKee Shoe Co.
Appellate Court of Illinois
Voluntary Assignments.—Error to the County Court of Montgomery County; the Hon. M. J. McMurray, Judge, presiding. Heard in this court at the November term, 1899.
1Opinion of the CourtJustice Harker
It is contended by the plaintiff in error that the judgment and execution upon which the defendant bases its right of priority over other creditors are void. The contention is founded upon the proposition that a surviving partner has no power to give a note and power of attorney to confess judgment in the name of the firm. That a surviving partner has no such power is a well established rule of law. But, while a judgment confessed upon it would be void as to the estate of the deceased partner, it would be valid as to the partner who executed the note and warrant. If the note was for a…
2Cases cited3 opinions
- Young v. ClappIllinois Supreme Court · 1892
- Hulse v. MershonIllinois Supreme Court · 1888
- First National Bank of Pana v. Havens & Geddis Co.Appellate Court of Illinois · 1895
3Cited by2 opinions
- Reagan v. BairdAppellate Court of Illinois · 1986
- New York Life Ins. v. HagemanCourt of Appeals for the Seventh Circuit · 1935