Empire Manufacturing Co. v. Ginsburg

Mr. Presiding Justice Jones

delivered the opinion of the court.

An action on the case was instituted in the circuit court of Winnebago county by appellee, Empire Manufacturing Company, against Paul Ginsburg and Sam Ginsburg. The latter was not served with process and the suit proceeded against appellant only. The declaration averred fraud and deceit in procuring credit for merchandise sold by appellee to appellant. A verified plea in abatement was filed by appellant, setting forth in substance that before and at the time of the commencement of the suit he was and still is a resident of Cook…