Cohin v. F. S. Waters & Co.
Appellate Court of Illinois
Bill in Equity.—Trial in the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Decree for complainant; appeal by defendants. Statement.—Two suits in equity were consolidated and heard together in this proceeding. The decree is upon the consolidated cases. The complainant in each bill of complaint ivas, at the time of beginning the suit, a simple contract creditor of the Climax Cycle Company, an insolvent corporation.
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Bill in Equity.—Trial in the Superior Court of Cook County; the Hon. Henry V. Freeman, Judge, presiding. Decree for complainant; appeal by defendants. Statement.—Two suits in equity were consolidated and heard together in this proceeding. The decree is upon the consolidated cases. The complainant in each bill of complaint ivas, at the time of beginning the suit, a simple contract creditor of the Climax Cycle Company, an insolvent corporation. By each bill of complaint relief was sought under section 25 of the incorporation act, and the allegations of each would entitle to relief under that…
1Opinion of the Court
Mr. Presiding Justice Sears
delivered the opinion of the court.
Of the several questions raised by the briefs of counsel, we need consider but one, viz., whether a simple contract creditor may file a bill of complaint against an insolvent corporation under the provisions of section 25 of the incorporation act, and, without obtaining any of the relief provided by that section, obtain in lieu thereof relief by having a fraudulent conveyance made by the debtor corporation set aside, and assets, which were thereby conveyed prior to the filing of the bill of complaint, subjected to the satisfaction…
2Cases cited12 opinions
- Republic Life Insurance v. SwigertIllinois Supreme Court · 1890
- Bouton v. DementIllinois Supreme Court · 1887
- Gore v. KramerIllinois Supreme Court · 1886
- Ladd v. JudsonIllinois Supreme Court · 1898
- Shufeldt v. BoehmIllinois Supreme Court · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Parmelee v. PriceAppellate Court of Illinois · 1902
- Mead v. DaviesAppellate Court of Illinois · 1899
- Weill v. ZacherAppellate Court of Illinois · 1900