Greenway v. Thomas
Illinois Supreme Court
Charles G. Thomas becoming insolvent, assigned all his estate and effects to Daniel Wann and two others, for the benefit of his creditors, gave them possession, and left the country. The plaintiffs in error, being creditors of Thomas, filed this bill to set aside the assignment, and have the estate and effects applied to the satisfaction of their claim.
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Charles G. Thomas becoming insolvent, assigned all his estate and effects to Daniel Wann and two others, for the benefit of his creditors, gave them possession, and left the country. The plaintiffs in error, being creditors of Thomas, filed this bill to set aside the assignment, and have the estate and effects applied to the satisfaction of their claim. The bill avers, that the assignment was fraudulent, and that the assignee managing the estate and effects assigned was insolvent; that no service of process could be made upon Thomas ; that an attachment had been sued out, and placed in the…
1Opinion of the Court
Catón, J.
We shall assume in this case, without expressly deciding the question, that the assignment was fraudulent as to creditors; and if the complainant had otherwise made out a case, we should declare it void, that it might not present an apparent obstruction to the collection of his debt. No doubt courts of equity have sometimes entertained legal demands which had not been previously established in a court of law; but as a general rule, the creditor must first reduce his debt to a judgment before he can call upon a court of equity to aid in its collection. After judgment, a creditor may…
2Cited by22 opinions
- Smith v. Railroad Co.Supreme Court of the United States · 1879
- Merry v. FremonSupreme Court of Missouri · 1869
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Bigelow v. AndressIllinois Supreme Court · 1863
- Patterson v. LyndeIllinois Supreme Court · 1884
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