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62 Ill. 237

Barton v. Mosher

Illinois Supreme Court

Decided September 15, 1871

Illinois Supreme Court · decided 1871-09-15

Arthur A. Smith, Judge, presiding. This was a bill in chancery filed by Mosher, the appellee, against appellant, Earl G. Barton, assignee of Daniel 27. Barton. The assignment was made for the benefit of creditors. The assignee sold certain personal property to one Cook, for which he gave his note of $500 with the appellee as security. The assignee recovered judgment on this note against appellee for $666.05, there being no service on Cook. Daniel 27.

Cited by 1 later decisions — most recently March 1910

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-09-15

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Mr. Justice Sheldon

¶1delivered the opinion of the Court;

¶2The open accounts on each side in this case were properly disregarded by the court. They were nearly balanced, and the proof in regard to them was unsatisfactory.

¶3Leaving them out of view, we think the amount of the set off, which the court allowed against the judgment, is correct, and that neither party has just ground to complain of its allowance.

¶4The proofs show that the debts of the assignor existing at the time of the assignment, which remain unpaid, are inconsiderable in amount; that there are abundant assets in the hands of the assignee to pay them; and we deem it unnecessary to reverse the decree in order that the creditors to whom these debts are due may be made parties.

¶5The award of costs was discretionary with the court below, and we do not feel called upon to interfere with the exercise of that discretion in this case.

¶6The decree of the court below is affirmed.

¶7Decree affirmed.

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