Williams v. West Chicago Street Railroad
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This is a garnishment proceeding commenced by John and William G-. Oliver in the circuit court of Cook county, as judgment creditors of Samuel Williams, to reach the amount of a judgment of $3000 which Williams had recovered in an action on the case for a personal injury, against the West Chicago Street Eailroad Company. The company, and E. M. Wing and George S. Williams, who claim to be the assignees of said judgment,…
1Opinion of the CourtJustice Hand
It is contended that the assignment to Wing having been made before judgment was entered, it is absolutely void. It was held in North Chicago Street Railroad Co. v. Ackley, 171 Ill. 100, that a cause of action arising from an injury to the person cannot be assigned, and it seems well settled (Rice v. Stone, 1 Allen, 566; Hunt v. Conrad, 47 Minn. 557;) that an assignment of the right to recover damages for a personal injury is not valid, even after verdict, if before judgment. We think, however, it apparent that the assignment to Wing was not intended to take effect until after judgment was…
2Cases cited4 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Richardson v. LesterIllinois Supreme Court · 1876
- Knight v. GriffeyIllinois Supreme Court · 1896
- Hunt v. ConradSupreme Court of Minnesota · 1891
3Cited by10 opinions
- National Bank of Albany Park v. NewbergAppellate Court of Illinois · 1972
- McKee-Berger-Mansueto, Inc. v. Board of EducationCourt of Appeals for the Seventh Circuit · 1982
- Liberty Leasing Co. v. Crown Ice MacHine Leasing Co.Appellate Court of Illinois · 1974
- Key West Restaurant & Lounge, Inc. v. Connecticut Indemnity Co. (In Re Key West Restaurant & Lounge, Inc.)United States Bankruptcy Court, N.D. Illinois · 1985
- McKee Inc., a New York Corporation v. Board of Education of the City of Chicago, an Illinois Body Politic and Corporate, McKee Inc., a New York Corporation, Interpleader v. Monticello Realty Corporation, Interpleader and World Express, Inc., InterpleaderCourt of Appeals for the Seventh Circuit · 1982
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