Hutchinson v. Croarkin
Appellate Court of Illinois
Creditor’s Bill.—Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.
1Opinion of the Court
Mr. Presiding Justice Horton
delivered the opinion of the court.
A voluntary conveyance alleged to be fraudulent as against creditors is valid and binding except as to one who was a creditor at the time such voluntary conveyance was made. Mixel v. Lutz, 34 Ill. 382; Tunison v. Chamblin, 88 Ill. 378. The judgment in question ivas not recovered until two years after the alleged fraudulent transfer of stock to appellant. But the claim of appellee had existed since 1891. It was for damages growing out of a personal wrong or tort. A person having such a claim is a creditor of the tortfeasor within…
2Cases cited4 opinions
- Tunison v. ChamblinIllinois Supreme Court · 1878
- Bongard v. BlockIllinois Supreme Court · 1876
- Mixell v. LutzIllinois Supreme Court · 1864
- Anglo-American Packing & Provision Co. v. BaierAppellate Court of Illinois · 1889