Legal Opinion

Union Trust Co. v. Hosick

Appellate Court of Illinois

Decided May 15, 1900Published

Creditor’s Bill.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1899.

1Opinion of the CourtJustice Shepard

The finding in the decree that the agreement, and the conveyance to trustees in pursuance of it were made in good faith, is abundantly supported by the evidence— indeed there is no evidence to the contrary. There ivas no attempt on the part of ITosick or any of his creditors to exclude appellant from any benefit of the arrangement. On the contrary, the agreement contemplated the uniting of the appellant and every other creditor in the plan, and appellant being invited to join the others was the only one to decline. That it had the right to decline can not be questioned, and it should not be…

2Cases cited3 opinions

  1. Terhune v. KeanIllinois Supreme Court · 1895
  2. Kelley v. LeithIllinois Supreme Court · 1898
  3. American Exchange National Bank v. WalkerIllinois Supreme Court · 1896

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