Legal Opinion

Warren v. Howe

Appellate Court of Illinois

Decided March 19, 1892Published

Appeals from the Superior Oourt of Cook County; the Hon. Henby M. Shepard, Judge, presiding. • These cases are separate appeals taken from an order of the Superior Oourt appointing a receiver in the case of Howe et al. v. Kean et al., in that court. The order for a receiver was made upon the original bill filed by Howe et al., a bill of interpleader by J ohn A. Brown, separate verified answers by Warren and Jacobs, a demurrer by Kean and an affidavit by Jacobs.

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Appeals from the Superior Oourt of Cook County; the Hon. Henby M. Shepard, Judge, presiding. • These cases are separate appeals taken from an order of the Superior Oourt appointing a receiver in the case of Howe et al. v. Kean et al., in that court. The order for a receiver was made upon the original bill filed by Howe et al., a bill of interpleader by J ohn A. Brown, separate verified answers by Warren and Jacobs, a demurrer by Kean and an affidavit by Jacobs. Briefly stated it appears from these documents that S. A. Kean, a banker in Ohicago, doing business as S. A. Kean & Co., on the 17th…

1Opinion of the CourtWaterman, P. J.

It is not contended that the County Court had not authority to make an order discontinuing the insolvency proceedings. What is insisted by counsel for appellees is, that the County Court had no warrant for that portion of its order Avkich directed that the assets of the insolvent estate be turned over to Warren and found Warren to be the OAArner thereof; that by the terms of the deed of assignment to Jacobs there was created an irrevocable trust for the use of the creditors for whose benefit the assignment Avas made, and that so soon as the insolvency proceedings Avere discontinued, a common…

2Cases cited8 opinions

  1. Hanchett v. WaterburyIllinois Supreme Court · 1885
  2. Field v. RidgelyIllinois Supreme Court · 1886
  3. P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
  4. Mulvey v. GibbonsIllinois Supreme Court · 1877
  5. Farwell v. CrandallIllinois Supreme Court · 1887

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