Illinois Paper Co. v. Northwestern National Bank
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Loser C. Collirs, Judge, presiding. Appellant filed its bill against appellee, setting forth that it is a judgment creditor of one Charles H. Trivess, to the amount of over §2,000; that execution' has been issued upon the said judgment, and that said Trivess has no property or assets upon which the said execution can be levied; that the said Trivess on the 17th day of October, 1890, made a general assignment for the…
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Appeal from the Circuit Court of Cook County; the Hon. Loser C. Collirs, Judge, presiding. Appellant filed its bill against appellee, setting forth that it is a judgment creditor of one Charles H. Trivess, to the amount of over §2,000; that execution' has been issued upon the said judgment, and that said Trivess has no property or assets upon which the said execution can be levied; that the said Trivess on the 17th day of October, 1890, made a general assignment for the benefit of his creditors, under the statute of this State regulating such assignments; that while the said indebtedness to…
1Opinion of the CourtWateemaht, P. J.
The question presented in this case, is, whether the reception of payment by a creditor from an insolvent debtor, who, when he makes the payment has determined to make an assignment, and who, in pursuance of such determination does thereafter make an assignment, is such a preference, under the provisions of the insolvency law of this State, as that the payment will be set aside and the creditor be compelled to pay the money into court for the benefit of a creditor or creditors of the debtor; the creditor at the time of the payment to him receiving it in good faith, without knowledge or notice…
2Cases cited10 opinions
- Preston v. SpauldingIllinois Supreme Court · 1887
- Van Patten v. BurrSupreme Court of Iowa · 1879
- P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
- Farwell v. NilssonIllinois Supreme Court · 1890
- Ewing v. RunkleIllinois Supreme Court · 1858
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