Jenkins v. Chicago & Northwestern Railway Co.
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of trover, commenced on the 16th day of July, 1872, by George R. Hoyes and William D. Messenger ágainst the Chicago and Horth Western Eailway Company, to recover damages for the alleged conversion of a quantity of paper the property of the plaintiffs, of the value of $2,000. The declararation was filed July, 24, 1872, and on the seventh day of August following the…
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Error to the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of trover, commenced on the 16th day of July, 1872, by George R. Hoyes and William D. Messenger ágainst the Chicago and Horth Western Eailway Company, to recover damages for the alleged conversion of a quantity of paper the property of the plaintiffs, of the value of $2,000. The declararation was filed July, 24, 1872, and on the seventh day of August following the defendant appeared and pleaded. Ho further proceedings were had in the cause until April 1,1878, except that on the 8th day of…
1Opinion of the CourtBailey, P. J.
This suit was brought something more than two years before the commencement of the proceedings in bankruptcy, and was pending at the time those proceedings were instituted. The assignee was substituted as plaintiff, under and in pursuance of the following provision of section 5047 of the revised statutes of the United States, viz:
“ If at the time of the commencement of the proceedings in bankruptcy, an action is pending in the name of the debtor for the recovery of a debt or other thing which might or ought to pass to the assignee by the assignment, the assignee shall, if he requires it, be…
2Cases cited5 opinions
- Cogdell, Assignee v. . ExumSupreme Court of North Carolina · 1873
- Kane v. PilcherCourt of Appeals of Kentucky · 1847
- Carr v. LordSupreme Judicial Court of Maine · 1848
- Sedgwick v. CaseyDistrict Court, S.D. New York · 1871
- Wise v. DeckerU.S. Circuit Court for the District of District of Columbia · 1804