Opinion
Gen. No. 43,054. (Abstract of Decision.)
Opinion filed April 19, 1945 Released for publication May 2, 1945
FRAUDULENT CONVEYANCES, § 105 — sale of trucking business as bulk sale. In garnishment proceeding to reach motor freight line equipment transferred by defendant debtor to garnishee without complying with Bulk Sales Act, where plaintiff, as surety on defendant's indemnity bond for taxes, paid taxes and as subrogee recovered judgment against defendant for amount thereof, held that garnishee's acquisition of freight line was sale and that plaintiff was creditor within purview of Bulk Sales Act, with right to attack sale as having, been fraudulently made (Ill. Rev. Stat. 1943, ch. 121 1/2, par. 78 et seq.; Jones Ill. State. Ann. 121.01 et seq.).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH J. DRUCKER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the April term, 1944.
Laurence B. Jacobs and Marcellus. W. Meek, for appellant;
Goldman, Allshouse Healy, for appellee;
Robert G. Dreffein, of counsel.
Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.