Phelps v. Foster
Illinois Supreme Court
On the 24th April, 1856, plaintiffs in error filed a bill in the Boone Circuit Court, against the defendants in error, charging the sale, on the 10th October, 1855, of goods to the defendant, Joseph W. Foster, to the sum of $2,080, on a credit, taking his note at six months therefor; that he then falsely represented .himself to be the owner and in possession of goods, wares and merchandise, and debts due him that were good, to the amount of $5,000; owned a house and lot in…
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On the 24th April, 1856, plaintiffs in error filed a bill in the Boone Circuit Court, against the defendants in error, charging the sale, on the 10th October, 1855, of goods to the defendant, Joseph W. Foster, to the sum of $2,080, on a credit, taking his note at six months therefor; that he then falsely represented .himself to be the owner and in possession of goods, wares and merchandise, and debts due him that were good, to the amount of $5,000; owned a house and lot in Belvidere worth $700; was indebted to Lyon $1,400; to Tittsworth & Co. $200; Cooley, Wadsworth & Co. $200; E. Hempstead…
1Opinion of the CourtCaton, J.
The injunction in this suit was properly dissolved, for three very good reasons. First. Flo such case was made by the bill, as would authorize an injunction. If the allegations of the bill are true, the sale from Thomas P. Foster to J. W. Foster was void, absolutely, as to creditors, and the complainants had an adequate remedy at law, by attaching the goods; but even if that had not been the case, I am not aware of any principle of equity jurisprudence which will justify the issuing an injunction in such a case, to compel the parties to hold the goods pending a trial at law, to see if they…
2Cited by26 opinions
- Shufeldt v. BoehmIllinois Supreme Court · 1880
- Dunham v. KauffmanIllinois Supreme Court · 1943
- Texas & N. O. R'y Co. v. WhiteTexas Supreme Court · 1882
- Lewis v. West Side Trust & Savings BankAppellate Court of Illinois · 1937
- Exchange National Bank v. HarrisAppellate Court of Illinois · 1984
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