Legal Opinion

Durand & Co. v. Gray, Kingman & Collins

Illinois Supreme Court

Decided May 16, 1889PublishedCited by 30 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Gabnett, Judge, presiding. H. W. Allen was for some time engaged in a general grocery business in Belvidere, Boone county, where he resided.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Gwynn Gabnett, Judge, presiding. H. W. Allen was for some time engaged in a general grocery business in Belvidere, Boone county, where he resided. He had become indebted to various parties, among others to Du-rand & Co. in the sum of $2117; to Levi Mason, an uncle of his, in the sum of $1400; to Gray, Kingman & Collins in the sum of $439.52; to E. B. Millar & Co. in the sum of $56.80. On the 19th of January, 1887, Allen informed one Neis Allen, a traveler for…

1Opinion of the CourtJustice Scholfield

So much of section 49 of our Chancery Code (Rev. Stat. 1874, p. 203, et seq.,) as provides that “whenever an execution shall have been issued against the property of a defendant, on a judgment at law, * * * and an execution shall have been returned unsatisfied, in whole or in part, the party suing out such execution may file a bill in chancery against such defendant, and any other person, to compel the discovery of any property or thing in action belonging to the defendant,” etc., introduces no new principle, and is but affirmative of the common law. (Bispham’s Eq. 2d ed. secs. 525, 526, et…

2Cases cited4 opinions

  1. McDowell v. CochranIllinois Supreme Court · 1849
  2. Reed v. WheatonNew York Court of Chancery · 1839
  3. Preston v. ColbyIllinois Supreme Court · 1886
  4. Merchants & Mechanics' Bank v. GriffithNew York Court of Chancery · 1844

3Cited by30 opinions

  1. Lewis v. FisherWest Virginia Supreme Court · 1933
  2. Link Belt Machinery Co. v. HughesIllinois Supreme Court · 1902
  3. Huntington v. MetzgerIllinois Supreme Court · 1895
  4. Hart v. OliverIllinois Supreme Court · 1921
  5. Scheubert v. HonelIllinois Supreme Court · 1894

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