Brandtjen & Kluge, Inc. v. Forgue

Mr. Presiding Justice McSurely

delivered the opinion of the court.

Defendants appeal from an order denying their motion to quash an alias capias ad satisfaciendum issued in a tort action brought by plaintiff charging defendants with malicious fraud and deceit.

The statement of claim alleged that plaintiff sold and delivered to defendants a printing press for $2,409; that defendants paid a deposit of $51 and delivered to plaintiff their promissory note for the balance of $2,358, payable in instalments with interest; that to secure this note defendants executed and delivered to plaintiff a chattel…