McCarthy v. Crawford
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George A. Dufuy, Judge, presiding. In 1903 the United States Circuit Court for the Northern District of Illinois appointed James H. Eckels and Marshall E. Sampsell receivers for the Chicago Union Traction Company.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George A. Dufuy, Judge, presiding. In 1903 the United States Circuit Court for the Northern District of Illinois appointed James H. Eckels and Marshall E. Sampsell receivers for the Chicago Union Traction Company. The receivers, acting under the authority of an order entered July 10, 1905, with the consent of all the parties, issued to the appellee, Henry Crawford, a certificate of indebtedness, in which the receivers certified that the Chicago Union…
1Opinion of the CourtJustice Dunn
The certificate was not an ordinary receiver’s certificate issued for money borrowed or a liability incurred by the receivers in the performance of their duties. It was merely evidence of the existence of a debt in favor of the appellee, against the corporation whose property the court was administering. It was not a negotiable instrument. The debt, however, of which the certificate was the evidence was a chose in action and was assignable in equity. That it was expected and intended that the certificates, which by the order of the court were substituted for the original evidences of…
2Cases cited6 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Johnston v. LaflinSupreme Court of the United States · 1881
- White v. Vermont & Massachusetts RailroadSupreme Court of the United States · 1859
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Otis v. GardnerIllinois Supreme Court · 1883
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- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
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