Home Savings & State Bank v. Wheeler
Appellate Court of Illinois
Replevin.—Appeal from the Circuit Court of Peoria County; the Son. Thomas M. Shaw, Judge, presiding; finding and judgment for plaintiff under a count in trover for $5,041.98.
1Opinion of the CourtJustice Dibell
deliveeed the opinion of the Court.
The assignee is not the representative of the creditors, but the agent of the assignor for the distribution of the property. The assignment does not pass to the assignee any interest in property previously fraudulently transferred by the assignor, nor any right to impeach or set aside such fraudulent transfer. Bouton v. Dement, 123 Ill. 142; Hanford Oil Co. v. First National Bank, 126 Ill. 584. The assignee takes no greater interest or better title than his assignor possessed. His title to the assigned property is affected with every infirmity and subject to…
2Cases cited10 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- Bouton v. DementIllinois Supreme Court · 1887
- Joseph Davis, Cory & Co. v. Chicago Dock Co.Illinois Supreme Court · 1889
- Ashley Wire Co. v. Illinois Steel Co.Illinois Supreme Court · 1896
- P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
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3Cited by2 opinions
- Wheeler v. Home Savings & State BankAppellate Court of Illinois · 1899
- Rockford National Bank v. Young Men's Christian Ass'n Gymnasium Co.Appellate Court of Illinois · 1898