Dueber Watch Case Manufacturing Co. v. Young
Appellate Court of Illinois
Memorandum.—Attachment for debt. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge, presiding.
1Opinion of the CourtJustice Gary
The appellant sued out an attachment against the appellee, upon the allegation in the affidavit that the appellee was “ about fraudulently to conceal, assign or otherwise dispose of his property or effects, so as to hinder or delay his creditors.”
We shall not attempt to justify the instructions to the jury on behalf of the appellee, but hold that the evidence would not have warranted a verdict for the appellant, and therefore error in the instructions is not material. Beard v. Maxwell, 113 Ill. 440; Fritz v. Fritz, 36 Ill. App. 31.
An insolvent debtor, abandoning hope, may pay some creditors…
2Cases cited3 opinions
- Beard v. MaxwellIllinois Supreme Court · 1885
- Illinois Paper Co. v. Northwestern National BankIllinois Supreme Court · 1894
- Fritts v. FrittsAppellate Court of Illinois · 1890