White v. Wolf, 228 Ill. App. 615 (1922)

Dec. 11, 1922 · Illinois Appellate Court · Gen. No. 26,461
228 Ill. App. 615

Alexander White, appellant, v. Joseph Wolf and James E. Pepper Distilling Company, appellees.

Gen. No. 26,461.

Suit asking for the appointment of a receiver for a corporation, for marshaling of assets and their distribution among creditors and stockholders, and that a resolution ordering the issuance of stock to defendant Wolf be declared void and the certificate ordered delivered up by him. Answer, and cross-bill alleging that stock held by complainant belonged to defendant Wolf and asking that complainant be restrained from disposing of such stock and that Wolf be decreed the owner. Bill dismissed and relief granted on the cross-bill. Appeal from the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in this court at the October term, 1921.

Affirmed.

Opinion filed December 11, 1922.

Oertiorari denied by Supreme Court (making opinion final).

D. K. Tone and Gabriel J. Norden, for appellant; McCormick, Kirkland, Patterson & Fleming and Morse Ives, of counsel. Newman, Poppenkusen, Stem & Johnston and Charles V. Barrett, for appellees; Jacob Newman, Edward R. Johnston, Charles V. Barrett and Henry Jackson Darby, of counsel.

Mr. Justice Matchett

delivered the opinion of the court.