Samuel A. Kean & Co. v. Lowe
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the County Court of Cook county; the Hon. George W. Brown, Judge, presiding.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the County Court of Cook county; the Hon. George W. Brown, Judge, presiding. Appellants filed their petition in the county court of Cook county on the 29th day of June, 1892, for leave to present to the above named assignee their certain claim against the assignor, without prejudice, and that they be allowed to participate in the distribution of the assigned estate to the same extent and in the same manner as though their claim had been filed within the time prescribed for the filing of claims in such…
1Opinion of the CourtJustice Wilkin
The only question submitted for our decision is, whether, under the facts stated in the stipulation, the failure to file the claim within the time prescribed by the statute regulating the settlement of the estates of insolvent debtors in cases of voluntary assignments, should bar appellants from sharing in the general distribution of the estate with those creditors who' did comply with the statute.
Section 10 of that act provides that “all creditors who shall not exhibit his, her or their claim within the term of three months from the publication of notice, as aforesaid, shall not participate…
2Cited by3 opinions
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