Herkelrath v. Stookey
Illinois Supreme Court
Writ of Error to the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This case was in this court at the January term, 1871, and is reported 58 Ill. 21.
1Opinion of the CourtChief Justice Laavrence
This was a contest between the mortgagees in a chattel mortgage a.nd a creditor of the mortgagor, and turned on the validity of the mortgage. The court instructed the jury, if the mortgage was made to hinder, delay and defraud creditors, it was void, even though the mortgagees had just claims against the mortgagor. If this instruction' had been so framed as to require both the mortgagor and mortgagees to have participated in the fraudulent intent in order to avoid the mortgage, it ivould have been unobjectionable. The jury, however, would probably understand such an instruction as referring…
2Cited by4 opinions
- Foster v. ShirleySupreme Court of Oklahoma · 1935
- Spear v. JoyceAppellate Court of Illinois · 1888
- Webber v. Mackey, Nisbet & Co.Appellate Court of Illinois · 1889
- Wilson v. FawknerAppellate Court of Illinois · 1890