Ellison v. Chicago Title & Trust Co.
Appellate Court of Illinois
Voluntary Assignments—Proceeding in the County Court of Cook County; the Hon, John H. Batten, Judge, presiding. Hearing and petition dismissed. Appeal by petitioners.
1Opinion of the CourtJustice Sears
The contention of appellants is that Mrs. Straw, a director and the president of the insolvent corporation, took the note and warrant of attorney in her own name as a trustee for appellants, and for the sole purpose of securing the appellants’ claim. The County Court found as fact that Mrs. Straw did not so do, but took the security for her own sole use.
It appearing from the resolution of the board of directors and from the note and warrant of attorney that the same were given by the corporation to secure a debt to Mrs. Straw, it is at least doubtful if the declarations of individual…
2Cases cited2 opinions
- Merchants' Despatch Transportation Co. v. JœstingIllinois Supreme Court · 1878
- Dorsey v. WilliamsAppellate Court of Illinois · 1892
3Cited by1 opinion
- Chicago Portland Cement Co. v. HofmanAppellate Court of Illinois · 1912