Legal Opinion

H. B. Claflin Co. v. Kelley

Appellate Court of Illinois

Decided June 1, 1896Published

Voluntary Assignments.—Appeal from the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding.

1Opinion of the CourtJustice Waterman

Sec. 10 of the act relating to voluntary assignments, chapter 72 of the Revised Statutes of Illinois, reads as follows:

“ And all creditors who shall not exhibit his, her or their claim within the term of three months from the publication of notice as aforesaid, shall not participate in the dividends until after the payment in full of all claims presented within said term and allowed by the County Court.”

That a claim is litigated and disputed during the time to file claims, is no excuse for not presenting it to the assignee. Rassieur v. Jenkins, Assignee, 64 Ill. App. 336; Snydacker v. Swan…

2Cases cited6 opinions

  1. Snydacker v. Swan Land & Cattle Co.Illinois Supreme Court · 1895
  2. Conlee Lumber Co. v. MeyerSupreme Court of Iowa · 1888
  3. In re Assignment of HoltSupreme Court of Iowa · 1876
  4. Loomis v. GriffinSupreme Court of Iowa · 1889
  5. Carter v. LeeSupreme Court of Iowa · 1891

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