Congress Construction Co. v. Farson & Libbey Co.
Appellate Court of Illinois
Assumpsit.—Common counts. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—This is a suit originally brought by or in the name of one Charles E. Payne, as assignee of Farson & Libbey Company, insolvent. The declaration sets forth the assignment by said insolvent to said Payne by general deed of assignment for the benefit of creditors.
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Assumpsit.—Common counts. Error to the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. Statement.—This is a suit originally brought by or in the name of one Charles E. Payne, as assignee of Farson & Libbey Company, insolvent. The declaration sets forth the assignment by said insolvent to said Payne by general deed of assignment for the benefit of creditors. In addition to the pleas of general issue and set-off, the defendant subsequently filed a plea of puis darrein continuance alleging that after the…
1Opinion of the Court
Mr. Presiding Justioe Freeman
delivered the opinion of the court.
The first contention of plaintiff in error is that the plaintiff in the amended declaration, the Farson & Libbey Company, had no interest in the subject-matter of the suit, neither when it was begun, nor when the judgment was entered; and it is also contended that appellant was in no way indebted to the Farson & Libbey Company at the time of the assignment nor afterward; that the assignment by the said insolvent conveyed no legitimate claim to Payne, the assignee, and consequently none was ever acquired by Wilson by his purchase…
2Cases cited3 opinions
- McJilton v. LoveIllinois Supreme Court · 1851
- Reeve v. SmithIllinois Supreme Court · 1885
- Ryerson & Son v. SmithAppellate Court of Illinois · 1893
3Cited by1 opinion
- Ermeling v. Gibson Canning Co.Appellate Court of Illinois · 1903