Hooper v. Winston
Illinois Supreme Court
The facts appearing upon the record are as follows: John McCardel, being indebted to the Commercial Exchange Company, (a banking institution in the city of Chicago,) in the sum of two thousand dollars, executed and delivered to Ashley Gilbert (the secretary of said company,) a certain mortgage deed, or conditional bill of sale, to secure the payment of said sum of two thousand dollars, and future advances not to exceed the sum of six thousand dollars, payable in one year.
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The facts appearing upon the record are as follows: John McCardel, being indebted to the Commercial Exchange Company, (a banking institution in the city of Chicago,) in the sum of two thousand dollars, executed and delivered to Ashley Gilbert (the secretary of said company,) a certain mortgage deed, or conditional bill of sale, to secure the payment of said sum of two thousand dollars, and future advances not to exceed the sum of six thousand dollars, payable in one year. Which mortgage deed or conditional bill of sale embraced the leases, and furniture and fixtures of the hotel known as the…
1Opinion of the CourtBreese, J.
We think it must be conceded that Mr. Hooper was not receiver of this fund until he was appointed such by the court, on the agreement of the parties in interest. He then became an officer of the court, and so denominates himself in his several reports to the court—referring to himself as “ your receiver.” Hence, all doubt is removed as to the power from which he received his appointment, and the only question is, in what mode and to what extent was he accountable to the court ? He was appointed receiver on behalf of all parties, and not of the complainant or of any one of the defendants only,…
2Cited by6 opinions
- Heffron v. RiceAppellate Court of Illinois · 1891
- Atwood v. KnowlsonAppellate Court of Illinois · 1900
- Cecil v. ClarkWest Virginia Supreme Court · 1911
- Strong v. FriedmanAppellate Court of Illinois · 1931
- Heffron v. MilliganAppellate Court of Illinois · 1891
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