Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 54 (June Term, 1869, And January, June And September Terms, 1870)
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[Sept. T., Statement of the case. Brief for the appellant. about the time of making said agreement and compromise ; that this deponent, on the faith of said arrangement with the said Young, and said Hyde, and the other creditors of said firm, paid and settled off all the other indebtedness of said firm, and would have paid said ninety cents on the dollar on said notes sued on in this case, had the parties who controlled the said notes been willing to accept said payment and surrender said notes... ; that the said Young was at the said time, the month of March, 1869, when said arrangement was made, the general assignee of said Hyde, Van Duzer & Co. for the benefit of their creditors, or in some other way held said notes among the rest of their assets under such assignment or arrangement, whatever it may have been, and under such assignment or arrangement had the power and right to make the arrangement and compromise aforesaid with this deponent touching the pay- ment thereof, and said Hyde assented thereto ; that said notes are payable to the order of the makers, and still remain with- out the endorsement thereon filled up to any one, as appears by copies thereof served by the plaintiffs' attorneys on the attor- neys for this defendant, and which are hereto annexed." The court overruled the defendants' objection, and the cause was set down for trial out of its order.
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