Wadlow v. Markey
Appellate Court of Illinois
Assumpsit. — Common counts. Appeal from the Circuit Court of Cock County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement by the Court. — Appellant brought assumpsit in the Circuit Court against appellee to recover ground rent from March 1st to December 31,1898, under a lease from her to the members of the firm of Sommers, Kuehne & Co., for a term beginning May 1, 1896, and ending April 30, 1901, and certain taxes paid by…
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Assumpsit. — Common counts. Appeal from the Circuit Court of Cock County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement by the Court. — Appellant brought assumpsit in the Circuit Court against appellee to recover ground rent from March 1st to December 31,1898, under a lease from her to the members of the firm of Sommers, Kuehne & Co., for a term beginning May 1, 1896, and ending April 30, 1901, and certain taxes paid by appellant on the demised premises, together with interest. The declaration consists of a special count against appellee…
1Opinion of the CourtJustice Wirdes
The principal question presented for consideration in this case is as to the liability of an assignee for the benefit of creditors of an insolvent upon a lease to the insolvent which was in existence at the time of the assignment, and where the demised premises were used by the' assignee in closing up the insolvent’s business, and without an express contract between the assignee and the lessor.
It appears from the evidence that the individual members of the firm of Sommers, Kuehne & Co. made a general deed of assignment for the benefit of their creditors, under the statute, to appellee June,…
2Cases cited9 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Bradner Smith & Co. v. WilliamsIllinois Supreme Court · 1899
- Commonwealth v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1874
- Link Belt Machinery Co. v. HughesIllinois Supreme Court · 1898
- Spencer v. World's Columbian ExpositionIllinois Supreme Court · 1896
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