Kelley v. Leith
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. Orrin 1ST. Carter, Judge, presiding. On July 25,1896, appellees herein, Alex. B. Leith, Benjamin Hampton and Arthur J. Adams, constituting a co-partnership under the name and style of Fulton Machine Works, made their deed of assignment, under the statute, to George T. Robie, for the benefit of creditors.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the County Court of Cook county; the Hon. Orrin 1ST. Carter, Judge, presiding. On July 25,1896, appellees herein, Alex. B. Leith, Benjamin Hampton and Arthur J. Adams, constituting a co-partnership under the name and style of Fulton Machine Works, made their deed of assignment, under the statute, to George T. Robie, for the benefit of creditors. The assignee qualified and took possession, and proceeded under the statute for the distribution of the estate until the 28th of November, 1896, when, upon…
1Opinion of the CourtJustice Phillips
The only question presented for the determination of this court is, whether or not it was error for the Appellate Court to affirm an order of the county court of Cook county granting a discontinuance of the assignment for the benefit of the creditors and directing the property to be turned over to the assignors.
Section 15 of “An act in relation to assignments for the benefit of creditors,” provides as follows: “All proceedings under the act of which this section is amendatory may be discontinued upon the assent in writing of such debtor and a majority of his creditors, in number and amount,…
2Cases cited1 opinion
- Howe v. WarrenIllinois Supreme Court · 1894
3Cited by3 opinions
- Aldrich v. Illinois Central RailroadAppellate Court of Illinois · 1909
- Armour v. GoldIllinois Supreme Court · 1900
- Union Trust Co. v. HosickAppellate Court of Illinois · 1900