Legal Opinion

Lesher v. Friedman

Appellate Court of Illinois

Decided December 12, 1901Published

Voluntary Assignment. — Petition by a judgment creditor for a preference. Appeal from the County Court of Cook County; the Hon. Orrin N. Carter, Judge, presiding. Heard in this court at the March term. 1901.

1Opinion of the Court

Mr. Presiding Justice Windes

delivered the opinion of the court.

The Yehon Co., a corporation, made an assignment June 6, 1896, at 9:30 a. m., to one Friedman as assignee, and on the same day, at 9:27 a. m., appellants caused a confession of judgment to be entered against the company upon a judgment note. Although the judgment was entered before the assignment, an execution thereon was not delivered to the sheriff until after the assignment was filed with the clerk of the County Court. The assignee was first to get to the company’s place of business and took possession of its property before…

2Cases cited9 opinions

  1. Atwater v. American Exchange Nat. BankIllinois Supreme Court · 1894
  2. Norton v. Alabama National BankSupreme Court of Alabama · 1893
  3. Knights v. MartinIllinois Supreme Court · 1895
  4. State National Bank v. Union National BankIllinois Supreme Court · 1897
  5. State National Bank v. John Moran Packing Co.Appellate Court of Illinois · 1896

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