Lund v. Skanes Enskilda Bank

Citations

• 96 Ill. 181
• 1880 Ill. LEXIS 18

Syllabus

<p>1. Cross-bill—whether germane to the original bill. A foreign bank filed a bill against the assignee and creditors of an insolvent banking firm in this State to establish a debt due from the latter to the former, and to obtain dividends out of the partnership property: Held, that a cross-bill by the resident creditors of the insolvent bank against the foreign bank, alleging that the latter was a member of the partnership, or a partner in the firm, and asking a decree against the foreign bank for an amount sufficient to pay the debts of the defendant creditors, and those represented by them, remaining unpaid after the assets in the hands of the assignee were exhausted, was not germane to the original bill, and was properly dismissed on demurrer.</p> <p>2. Assignment for benefit of creditors—power of assignee to sue. The assignee of the partnership effects of an insolvent banking firm has no power to bring suits, either at law or in equity, against the partners of the firm for the purpose of securing payment of debts due the firm, or in any other manner to enforce such payment. His duty is confined to the distribution of the proceeds of the property assigned to him.</p>