Scott v. Great Western Coal & Coke Co.

• Decision Date: 21 February 1906
• Citation: 77 N.E. 122,220 Ill. 42
• Court: Illinois Supreme Court
• Parties: SCOTT et al. v. GREAT WESTERN COAL & COKE CO. et al.

220 Ill. 42

77 N.E. 122

SCOTT et al.

v.GREAT WESTERN COAL & COKE CO. et al.

Supreme Court of Illinois.

Feb. 21, 1906.

Error to Appellate Court, First District.

Suit by Adolph Enders against the Great Western Coal & Coke Company. There was a decree dismissing the bill and discharging the receiver appointed in the suit, and N. J. Scott and others bring error to review the judgment of the Appellate Court dismissing a writ of error to review the action of the trial court. Dismissed.

James H. Hooper and E. A. Biggs, for plaintiffs in error.

Alexander W. Hope, for defendants in error.

RICKS, J.

The proceeding in the circuit court of Cook county from which this cause originated was in the nature of a creditors' bill filed by one Adolph Enders against the Great Western Coal & Coke Company. The creditors' bill was filed for Enders' own benefit, other creditors not being made parties, and was for the purpose of enforcing payment on an execution issued upon a judgment rendered against said company in favor of Enders. A receiver was appointed according to the prayer of the bill. The bill was afterwards amended to read, ‘Adolph Enders, for the use of Hamilton Moses, vs. Great Western Coal and Coke Company’; Moses having purchased said judgment and had the same assigned to him, and also had assigned to him by the coal and coke company the assets of said coal and coke company. The assignment of said assets of said company was exhibited to the circuit court and the assignment confirmed, and a decree was entered finding that all moneys, assets, effects, etc., of said coal and coke company in the hands of the receiver should be turned over to said Moses to protect him upon said judgment. The complainant then dismissed his creditors' bill, and the court entered an order discharging the receiver. Plaintiffs in error, together with one John McGregor, objected to the court's discharging the receiver, and based their objections upon the ground that they had filed claims with the receiver for moneys due them from the corporation, and that their claims, although for unliquidated damages for breaches of contracts, should be considered and allowed before the receiver was discharged, which objection was overruled by the court. Plaintiffs in error, together with McGregor, sued out a writ of error from the Appellate Court to review the proceedings of the trial court, and upon motion the writ was dismissed, and this writ of error is sued out of this court to review the judgment of the...