De Wolf v. Royal Trust Co.
Appellate Court of Illinois
Intervening Petition, in receivership proceedings. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in this court at the October term, 1897. Affirmed. Mr. Justice Sears dissenting. Opinion filed December 23, 1897.
1DissentJustice Sears
I do not concur in the conclusion reached by a majority of the court.
That the receiver here should be permitted to “ elect ” to retain the premises under the lease and occupy them for more than one-half of the term remaining unexpired when he took possession as receiver, and then to “ elect ” to abandon the tenancy, seems to me to be inequitable in principle, nor do I think it supported by authority.
There can be no question as to the well established general rule that the receiver may not incur obligations, and thereby bind the estate, without the consent of the court which has made him its…
2Cases cited6 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
- Sparhawk v. YerkesSupreme Court of the United States · 1891
- Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
- Smith v. GoodmanIllinois Supreme Court · 1893
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