Glass v. Doane
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. On the 17th day of January, 1882, Henry B. Lockxvood, a merchant of Chicago, failed in business. On the same day he executed two judgment notes, due on demand, one for $54,579.90, payable to the order of Carter, Hawley & Co., and the other for $36,569.76, payable to the order of Carter and Hawley, two of the members of that firm.
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Error to the Superior Court of Cook county; the Hon. Sidney Smith, Judge, presiding. On the 17th day of January, 1882, Henry B. Lockxvood, a merchant of Chicago, failed in business. On the same day he executed two judgment notes, due on demand, one for $54,579.90, payable to the order of Carter, Hawley & Co., and the other for $36,569.76, payable to the order of Carter and Hawley, two of the members of that firm. He also at the same time, by an instrument in writing under his hand and seal, upon a consideration therein expressed, of “ one dollar and other good and valuable considerations,”…
1Opinion of the CourtBailey, J.
By the interpleader, the assignee tinder Lockwood’s general assignment for the benefit of his creditors, is seeking to contest the right of the attaching creditors to hold, under their writ of attaehmemt, the property, credits and effects attached in the hands of the garnishees, In point of tíme, the attachment writ has the priority, and it follows that if the assets sought to be reached, are subject to garnishment, the rights of the attaching creditors are superior to those of the assignee,
It should be observed that upon the hearing of the issues raised by the interpleader, neither party has…
2Cases cited4 opinions
- Webster v. SteeleIllinois Supreme Court · 1874
- Cope v. . WheelerNew York Court of Appeals · 1869
- Webster & Wilson v. SingleySupreme Court of Alabama · 1875
- May v. BakerIllinois Supreme Court · 1853
3Cited by2 opinions
- Nesbitt v. DickoverAppellate Court of Illinois · 1886
- Matson ex rel. Stearnes Co. v. City Market Co.Appellate Court of Illinois · 1931