Legal Opinion

Manufacturers' Paper Co. v. Royal Trust Co.

Appellate Court of Illinois

Decided November 1, 1901Published

Proceedings Under the Act Relating to Voluntary Assignments.— Appeal from the County Court of Cook County; the Hon. Oerin N. Carter, Judge, presiding.

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Proceedings Under the Act Relating to Voluntary Assignments.— Appeal from the County Court of Cook County; the Hon. Oerin N. Carter, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900. Statement. — Appellants filed, January 6,1900, a petition in the matter of Bobert Lindblom, insolvent, representing that they were creditors of said Lindblom, at the date, May 9, 1898, when a voluntary assignment of the latter to the Boyal Trust Company, appellee, was filed in the County Court; that on the 12th day of July, 1898, said assignee filed in said court petitions of…

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It appears that the assignment was made May 9, 1898. The assignment act provides (Sec. 2, Chap. 10, B. S.) that the assignee shall give notice of the assignment by publication, and shall also send notice by mail to each creditor of whom he shall be informed. This publication in the case before us was made May 21, 1898. Section 10 of the same act provides that “ Creditors who shall not exhibit his or her or their claims within the term of three months from the publication ” of such notice “shall not participate in" the dividends…

2Cases cited1 opinion

  1. Higinbotham v. Chicago Title & Trust Co.Illinois Supreme Court · 1899

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