Cook v. Miller
Illinois Supreme Court
This was an action of trespass de bonis asportatis, brought by the appellee, in the Cook County Court of Common Pleas. The appellant pleaded the general issue, and gave notice therewith of his defence. The appellant justified the taking of the property, by virtue of an attachment and an execution, issued against Miller and Clements, and that the sale of the goods from them to the appellee was fraudulent and void.
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This was an action of trespass de bonis asportatis, brought by the appellee, in the Cook County Court of Common Pleas. The appellant pleaded the general issue, and gave notice therewith of his defence. The appellant justified the taking of the property, by virtue of an attachment and an execution, issued against Miller and Clements, and that the sale of the goods from them to the appellee was fraudulent and void. On the trial of the cause, the appellant offered the execution against Miller and Clements, in proof, as a part of his defence. The appellee objected to the admission of the…
1Opinion of the Court
Opinion by Mr. Justice Catón:
The question of fraud is not before us, nor was it properly before the jury in the Court below. As between the parties to the sale, the transfer was unquestionably good, and as the evidence offered by the sheriff, tending to show that he acted for and represented creditors of Miller and Clements, having been ruled out, there was nothing left which could authorize the jury to find that the transfer was made to defraud creditors. The principal question, then, which is properly presented, is, did the Court err in rejecting this evidence. Beach, the deputy sheriff,…
2Cited by4 opinions
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- Chicago Title & Trust Co. v. CoreAppellate Court of Illinois · 1906