Stoddard v. Gilbert
Appellate Court of Illinois
Replevin.—Error to the Circuit Court of Cook County; the Hon. Ellbridge Haneoy, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. For several years prior to the 15th day of April, 1893, David A. Titcomb and Elbridge S. Pratt, copartners, had been doing business under the name of Titcomb & Pratt, in the city of Chicago. On the 15th day of April, 1893, a deed of assignment was filed with the clerk of the County Court of Cook County.
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Replevin.—Error to the Circuit Court of Cook County; the Hon. Ellbridge Haneoy, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. For several years prior to the 15th day of April, 1893, David A. Titcomb and Elbridge S. Pratt, copartners, had been doing business under the name of Titcomb & Pratt, in the city of Chicago. On the 15th day of April, 1893, a deed of assignment was filed with the clerk of the County Court of Cook County. This deed was made by David A. Titcomb and Elbridge S. Pratt to Eobert P. Walker, as assignee. Walker took possession of all…
1Opinion of the CourtJustice Waterman
In the case of Warren v. Howe, 44 Ill. App. 147, this court held that the discontinuance of insolvency proceedings by order of the County Court left all parties where they stood at the date of the assignment; “ that is, left the assignor the owner of the assets, subject to whatever liens by way of judgment or otherwise existed thereon.”
In Howe v. Warren, 154 Ill. 227-247, the Supreme Court in speaking of such an order of discontinuance, said:
“ Upon the discontinuance, the duties of the assignee necessarily cease, except so far as may be necessary to remit the parties to their rights as they…
2Cases cited3 opinions
- Howe v. WarrenIllinois Supreme Court · 1894
- Terhune v. KeanIllinois Supreme Court · 1895
- Heffron v. GageAppellate Court of Illinois · 1892
3Cited by2 opinions
- Commercial National Bank v. StoddardAppellate Court of Illinois · 1897
- Kelley v. LeithAppellate Court of Illinois · 1897