Grafe v. Peter Schoenhofen Brewing Co.
Appellate Court of Illinois
Voluntary Assignments.—Trial in the County Court of Cook County; the Hon. J. H.‘Batten, Judge, presiding. Order that a mortgage be a first lien, etc. Appeal by creditors.
1Opinion of the CourtJustice Sears
But two questions are presented upon this appeal:
1st. In view of the intended general assignment by Bomer, was the giving of the chattel mortgage in question such a preference as is prohibited by the law ?
2d. The mortgage being in part upon stock in trade, and the mortgagee not having reduced to possession before the possession of the assignee, was the mortgage inoperative as to such stock in. trade %
It is contended by appellants that the mortgage having been made by Bomer after he had determined upon making a general assignment for the benefit of all his creditors, the mortgage was therefore…
2Cases cited5 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Hide & Leather National Bank v. RehmIllinois Supreme Court · 1888
- Home National Bank v. Sanchez & HayaIllinois Supreme Court · 1890
- Schwartz v. MessingerIllinois Supreme Court · 1897
3Cited by1 opinion
- Rydberg v. SmithCourt of Appeals for the Seventh Circuit · 1911