Austin v. First National Bank of Morrison
Appellate Court of Illinois
In error to the Circuit Court of Whiteside County; the Hon. James Shaw, Judge, presiding. On the 30th day of March, 1891, William S. Austin and Silas B. Austin were indebted to the First National Bank of Morrison. That indebtedness was evidenced by what are commonly called judgment notes. There are two of these notes. One was for 01,000, and the other was for $1,500; this last one was signed by A. E. Austin also.
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In error to the Circuit Court of Whiteside County; the Hon. James Shaw, Judge, presiding. On the 30th day of March, 1891, William S. Austin and Silas B. Austin were indebted to the First National Bank of Morrison. That indebtedness was evidenced by what are commonly called judgment notes. There are two of these notes. One was for 01,000, and the other was for $1,500; this last one was signed by A. E. Austin also. The bank corporation also held a note that was a judgment note, that had been executed by William S. Austin, Silas B. Austin and Dennis Austin, to one Samuel Curry for 01,200; that…
1Opinion of the CourtJustice Lacey
The question presented in this record is, perhaps,.more a question of fact than of law. The law is well settled that, one being indebted and insolvent, has no right to make a voluntary conveyance to a third party without consideration as against the claim of existing creditors. If such a conveyance is made as to such creditors, the law conclusively presumes it to have been done with fraudulent intent, no difference how free from such fraudulent intent the parties may in fact have been. We do not understand this principle to be controverted by counsel for appellant. Then, again, if a…
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- United States v. MitchellDistrict Court, N.D. Illinois · 1967