Howell v. Edgar
Illinois Supreme Court
This cause was heard in the Court below, at the April term, 1840, before the Hon. Thomas Ford. Judgment was rendered for the plaintiffs for $751.83 damages, and costs of suit. The facts are generally stated in the opinion of the Court.
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This cause was heard in the Court below, at the April term, 1840, before the Hon. Thomas Ford. Judgment was rendered for the plaintiffs for $751.83 damages, and costs of suit. The facts are generally stated in the opinion of the Court. The clauses in the assignment upon which the question in this case arises, are as follows : “All creditors wishing to become parties to this assignment, shall, within twelve months from the date hereof, affix their signatures hereto,” &c.; “ and upon this condition, that said Shewalter shall not be held liable to pay any deficiency,, in law or equity, that…
1Opinion of the CourtScates, Justice
Edgar and Forsyth sued out a writ of foreign attachment against Shewalter and McCrory, which was served upon Lewis Howell, with others, as garnishees, and having obtained judgment against Shewalter and McCrory, for $765.51 debt, and cost of suit, a conditional judgment was taken against Howell, as garnishee, and interrogatories filed. The note sued on was due October 10th, 1837.
Howell answered,'that on May 21st, 1838, Shewalter conveyed to him and one George B. Parker, by deed, duly recorded, certain real estate, personal property, stock in trade, debts, book accouyts, and effects, in trust,…
2Cases cited15 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Clarke v. WhiteSupreme Court of the United States · 1838
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Murray v. RiggsCourt for the Trial of Impeachments and Correction of Errors · 1818
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- Sanner v. SannerAppellate Court of Illinois · 1930