Suppiger v. Gruaz
Appellate Court of Illinois
Appeal from the Circuit Court of Madison County; the Hon. Wm. H. Snyder, Judge, presiding. On April 1,1889, Timothy Gruaz, appellee, presented to the appellants, assignees of the bankrupt firm of E. Ryhiner & Co., the following claim against the bankrupt estate, and the assignees did not file the same in the County Court until August 6, 1889: “ Timothy Gruaz, being duly sworn, on oath says that the claim (a copy of which is hereto attached) of himself against the above named…
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Appeal from the Circuit Court of Madison County; the Hon. Wm. H. Snyder, Judge, presiding. On April 1,1889, Timothy Gruaz, appellee, presented to the appellants, assignees of the bankrupt firm of E. Ryhiner & Co., the following claim against the bankrupt estate, and the assignees did not file the same in the County Court until August 6, 1889: “ Timothy Gruaz, being duly sworn, on oath says that the claim (a copy of which is hereto attached) of himself against the above named firm of F. Ryhiner & Co., is for money dne on value of machinery and tools, levied upon to satisfy a judgment in favor…
1Opinion of the CourtGreen, J.
Appellants insist the order and judgment of the Circuit Court should be reversed, for two reasons. First-Because the claim of appellee is barred by section 10 of the assignment act from participating in the assets of said estate until all other claims presented within the time provided, and allowed by the court, have been paid in full. Second. That as the property replevied was destroyed by fire during the pendency of the replevin suit, without the fault of Ryhiner & Co., their estate is not responsible for more than nominal damages.
Section 2 of the assignment act' requires assignees to give…
2Cited by2 opinions
- Schott v. YoureeAppellate Court of Illinois · 1891
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