Legal Opinion

Ryerson & Son v. Smith

Appellate Court of Illinois

Decided December 31, 1893PublishedCited by 2 opinions

Memorandum.—Assignment for the benefit of creditors. Appeal from the Comity Court of Cook County; the Hon. Frank Scales, Judge, presiding. Heard in this court at the October term, 1893, and affirmed.

1Opinion of the CourtJustice Gary

I write the opinion of the majority of the court, which is in accord with all the direct authority upon the subject, but which I believe to be wrong; and as the authorities are all, save one in the second district—Nesbitt v. Dickover, 22 Ill. App. 140 —from other States, we are not bound to follow them.

The appellant is a corporation and the appellee is the assignee for the benefit of creditors of the Porter Boiler Mfg. Co., the assets being administered under the direction of the County Court.

The Boiler Co. was a contractor for the erection of structures of very considerable cost, and the…

2Cases cited3 opinions

  1. Dorestan v. KriegWisconsin Supreme Court · 1886
  2. Nesbitt v. DickoverAppellate Court of Illinois · 1886
  3. Hall v. BanksWisconsin Supreme Court · 1891

3Cited by2 opinions

  1. Interstate Contracting & Supply Co. v. Belleville Savings BankAppellate Court of Illinois · 1915
  2. Congress Construction Co. v. Farson & Libbey Co.Appellate Court of Illinois · 1902

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