Newell v. Grant Locomotive Works
Appellate Court of Illinois
Memorandum.—Assignment for the benefit of creditors. Appeal from the County Court of Cook County; the Hon. George W. Brown, Judge, presiding. Heard in this court at the October term, 1893. Reversed and remanded with directions.
1Opinion of the Court
Opinion of the Court,
Waterman, J.
We do not regard the order of February 2, 1893, and the acceptance thereof, as constituting an equitable assignment of the money which was to be received by the Grant Locomotive Works from the C., B. & Q. R. R. Co. The agreement thus made gave appellant no control over such money; the manifest intention of the parties was that the Grant Locomotive Works should collect from the railroad company, and out of what it received, pay to appellant what was due to him. The Bailroad Company could not, with safety, have paid to appellant the amount owing to him by the…
2Cases cited9 opinions
- Christmas v. RussellSupreme Court of the United States · 1872
- Russell v. MinorCourt for the Trial of Impeachments and Correction of Errors · 1838
- Leven v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Ford v. GarnerIndiana Supreme Court · 1860
- Haggerty v. PalmerNew York Court of Chancery · 1822
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3Cited by3 opinions
- Bell & Howell Co. v. SpoorAppellate Court of Illinois · 1922
- Gilbert v. National Cash Register Co.Appellate Court of Illinois · 1896
- Grayson v. Chicago League Ball ClubAppellate Court of Illinois · 1919