Conkling v. Carson
Illinois Supreme Court
This was a hill in chancery, filed in the Jo Daviess County-Court, by the creditors of Carson & Games, against them and Artemas L. Holmes, praying that an assignment made by them to Holmes of their goods, &c., for the benefit of their creditors, should be set aside, as fraudulent and void, and that Holmes should be decreed to pay over to all the creditors of Carson & Games, pro rata, all of the moneys received by him from the property assigned, and for general relief.
Read the full summary
This was a hill in chancery, filed in the Jo Daviess County-Court, by the creditors of Carson & Games, against them and Artemas L. Holmes, praying that an assignment made by them to Holmes of their goods, &c., for the benefit of their creditors, should be set aside, as fraudulent and void, and that Holmes should be decreed to pay over to all the creditors of Carson & Games, pro rata, all of the moneys received by him from the property assigned, and for general relief. The respondents filed their demurrer to a part of the bill, and their joint and several answers to the residue. At the…
1Opinion of the Court
Opinion by Treat, C. J.:
The deed of assignment of the 22d of June, 1846, was illegal and fraudulent as against the existing creditors of Carson & Games, because of the provision requiring creditors, who should become parties to it, and entitled to share in the proceeds of the' property assigned, to receive their dividends in full satisfaction and discharge of their respective demands against the assignors,-’ The law does not allow a debtor to impose such harsh and onerous conditions upon his creditors. A debtor in failing circumstances has an undoubted right to prefer one creditor to another,…
2Cited by11 opinions
- In re MannSupreme Court of Minnesota · 1884
- First National Bank v. HughesMissouri Court of Appeals · 1881
- Tribune Co. v. Canger Floral Co.Appellate Court of Illinois · 1941
- Union National Bank v. Bank of CommerceIllinois Supreme Court · 1880
- Danville Auburn Auto Co. v. National Trust & Credit Co.Appellate Court of Illinois · 1918
6 more not listed; retrieve them via the Exa API.