Illinois Paper Co. v. Northwestern National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Collins, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Collins, Judge, presiding. The following statement of the case will be sufficient: “Appellant filed its bill against appellee, setting forth that it is a judgment creditor of one Charles N. Trivess to the amount of over $2000; that execution has been issued upon the said judgment, and that said Trivess has no property or assets upon which the said execution can be levied; that the said Trivess, on the 17th day of October, 1890, made a general assignment…
1Opinion of the CourtJustice Shope
The question presented by the record is, whether, where a debtor who has in contemplation the making of a general assignment for the benefit of his creditors, under the statute, and which is unknown to the creditor, pays indebtedness not due, in money, such payment will be an unlawful preference, within the meaning of the General Assignment act, prohibiting preferences in assignments.
It is not alleged in the bill that the creditor knew of the debtor’s insolvency, or that he knew the debtor contemplated making a general assignment, or that the payment was the result of any collusion or…
2Cases cited2 opinions
- Field v. GeoheganIllinois Supreme Court · 1888
- Home National Bank v. Sanchez & HayaIllinois Supreme Court · 1890
3Cited by2 opinions
- Dueber Watch Case Manufacturing Co. v. YoungAppellate Court of Illinois · 1894
- Gettinger v. National Bank of CommerceLucas Circuit Court · 1901