J. I. Case Plow Works v. Edwards
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Peoria county; the Hon. Colostin D. Myers, Judge, presiding. On December 31, 1892, Kirkwood, Miller & Co. made a general assignment for the benefit of their creditors to Isaac C. Edwards, the appellee.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Peoria county; the Hon. Colostin D. Myers, Judge, presiding. On December 31, 1892, Kirkwood, Miller & Co. made a general assignment for the benefit of their creditors to Isaac C. Edwards, the appellee. They were conduct-, ing the general business of selling farming implements, wagons, buggies and bicycles, having two establishments, the main one at Peoria, Illinois, and a branch at Cedar Rapids, Iowa. The assignee took possession of the stock in Peoria immediately, but before he…
1Opinion of the CourtChief Justice Carter
The appellant, in support of its alleged several errors, charges the assignee with fraud and mismanagement. We have read the voluminous evidence carefully and do not find the charges sustained. Errors of judgment, and mistakes, have doubtless occurred, and it may be that other persons might have managed the affairs of the insolvents to better advantage, for the assignee had never had any experience in business'of the kind carried on by the insolvents, but we find no sufficient evidence in the record to sustain this charge against him. The original inventory of stock on hand footed up over…
2Cited by1 opinion
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