Malicki v. Bulkley

• Decision Date: 16 December 1903
• Citation: 206 Ill. 249,69 N.E. 87
• Parties: MALICKI v. BULKLEY et al.
• Court: Illinois Supreme Court

206 Ill. 249

69 N.E. 87

MALICKI

v.BULKLEY et al.

Supreme Court of Illinois.

Dec. 16, 1903.

Appeal from Appellate Court, First District.

Suit by the insurance commissioner of the state of Illinois against the Chicago Guaranty Life Society and others, in which Almon W. Bulkley and others were appointed receivers, and in which Teofila Malicki sought to intervene as a preferred creditor. From a judgment of the Appellate Court (107 Ill. App. 595) affirming a judgment denying the intervener's petition, she appeals. Affirmed.John M. Duffy and Warwick A. Shaw, for appellant.

Anson E. Meanor, for appellees.

BOGGS, J.

The appellant instituted an action in the circuit court of Wayne county, in the state of Michigan, against the Chicago Guaranty Life Society, an Illinois corporation, to recover on a policy of insurance. Judgment was entered in appellant's favor, and the society appealed to the Supreme Court of the state of Michigan. In January, 1898, the Fidelity & Deposit Company of Maryland became surety on the appeal bond given by the society, and the society, to secure the Fidelity & Deposit Companyas such surety, and also to secure it as surety on another undertaking which it had entered into, being a forthcoming bond in a garnishment proceeding pending in one of the courts in the state of Georgia against the society by one A. M. MacMurphy, deposited with the Royal Trust Company of Chicago the sum of $2,800. The appeal was prosecuted with success, and the judgment was reversed, and the cause remanded. The case was redocketed, and on a subsequent hearing in the circuit court judgment was on the 15th day of January, 1901, awarded the appellant in the sum of $3,600. In October, 1900, prior to the rendition of this judgment, a judgment creditor of the Chicago Guaranty Life Society procured a decree to be entered in the superior court of Cook county, Ill., ordering the society to be placed in the hands of the said Royal Trust Company, as receiver. On the 24th day of October, 1900, the insurance commissioner of the state of Illinois filed a bill in the superior court of Cook county to oust the Royal Trust Company as receiver and to secure the appointment of other receivers. On the 19th day of December, 1900, a decree was entered awarding the relief asked by the bill filed by the insurance commissioner, and the appellees were appointed receivers. The receivers, in a report to the court filed on May 11, 1901, advised the court that the Royal Trust Company held the said sum of $2,800 and stated fully the reason why said money had been so deposited, and that the proceeding instituted by MacMurphy in the court of Georgia was still...