Fougner v. First National Bank of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the County Court of Cook county; the Hon. Bichard Prendergast, Judge, presiding. On the 24th of May, 1889, Peter B. McLeod made a voluntary assignment for the benefit of creditors, naming Anton Fougner, one of the appellants, as assignee, who duly qualified.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the County Court of Cook county; the Hon. Bichard Prendergast, Judge, presiding. On the 24th of May, 1889, Peter B. McLeod made a voluntary assignment for the benefit of creditors, naming Anton Fougner, one of the appellants, as assignee, who duly qualified. The First National Bank of Chicago presented to the assignee a claim for $20,818.26, of which $15,000 was evidenced by a promissory note made by said McLeod, payable to appellee Ferguson, and by him pledged to said bank after said assignment was…
1Opinion of the CourtJustice Wilkin
The only question presented by this record is, was appellee Ferguson a partner with McLeod in the business concerning which the assignment by the latter was made. If he was, it is admitted he can not maintain a claim against the assigned estate, neither can said bank, which stands in his place. The contention that they were partners is based, first, on the following agreement:
“First—Said Ferguson agrees to enter into the business now carried on at Nos. 345 and 347 South Canal street, in said city, by said McLeod and MacHugh, under the name of P. R. McLeod, to advance "to said business, to be…
2Cases cited2 opinions
- Smith v. KnightIllinois Supreme Court · 1873
- Lintner v. MillikinIllinois Supreme Court · 1868
3Cited by26 opinions
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- State National Bank v. ButlerIllinois Supreme Court · 1894
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