Cooper v. McClun
Illinois Supreme Court
On the 5th of March, 1853, plaintiffs in error, complainants below, filed a bill in chancery, in the words and figures following, to wit: “ Your complainants, Alfred Cooper, Benton F. Henderson, and Franklin Cooper, partners, under the name and style of Cooper, Henderson & Co., would represent, that George W. Sandford and Adam Booth, partners, trading under the name and style of G. W. Sandford & Co., on the 28th day of March, 1851, by their promissory note bearing that date,…
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On the 5th of March, 1853, plaintiffs in error, complainants below, filed a bill in chancery, in the words and figures following, to wit: “ Your complainants, Alfred Cooper, Benton F. Henderson, and Franklin Cooper, partners, under the name and style of Cooper, Henderson & Co., would represent, that George W. Sandford and Adam Booth, partners, trading under the name and style of G. W. Sandford & Co., on the 28th day of March, 1851, by their promissory note bearing that date, made part hereof, marked £ A,’ promised six months after the date thereof, to pay to the order of complainants, at the…
1Opinion of the CourtScales, C. J.
This case seems to present circumstances of hardship, upon the defendants, nevertheless, we think complainants are entitled, by principles of equity and justice, to a recovery. In the case of Howell et al. v. Edgar et al., 3 Scam. R. 417, this court held that a failing debtor has a right to prefer one creditor over another, when he does so in good faith, and the decision, we think, is sustained by the current of authorities. If this assignment was good, and we see nothing in the record to question it, the plaintiffs took a beneficial interest in equity, under it. Courts of law will take…
2Cases cited1 opinion
- Hull v. BlakeMassachusetts Supreme Judicial Court · 1816
3Cited by9 opinions
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- Phipps v. RieleyOregon Supreme Court · 1887
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