Joliet National Bank v. O'Donnell
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Will county; the Hon. A. O. Mabshall, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the County Court of Will county; the Hon. A. O. Mabshall, Judge, presiding. This is an appeal by the Joliet National Bank from a judgment of the Appellate Court affirming an order of the county court of Will county denying appellant’s petition, in which it prayed that it might be allowed to pro rate with the creditors of Henry Pish & Sons in the assets of the firm in.the hands of the assignee for distribution. Henry Pish & Sons, bankers, doing business at Joliet, Illinois, under the name of the Stone…
1Opinion of the CourtJustice Craig
It will be observed that the assignee notified creditors, by publication on the 12th day of December, 1892, to present claims against the insolvent estate within three months after December 15, 1892, and as appellant, the Joliet National Bank, failed to make a formal presentation of its claim to the assignee within the time specified, the question arises whether it is absolutely barred from sharing with other creditors who presented their claims, in the assets of the insolvent estate.
Section 2 of the Assignment act, (Hurd’s Stat. 159,) provides: “That the assignee or assignees named in such…
2Cases cited3 opinions
- Smith v. GoodmanIllinois Supreme Court · 1893
- Suppiger v. GruazIllinois Supreme Court · 1891
- Suppiger v. SeybtAppellate Court of Illinois · 1887
3Cited by2 opinions
- Hill v. Mercury Record Corp.Appellate Court of Illinois · 1960
- Evans v. Illinois Surety Co.Appellate Court of Illinois · 1920