From Casetext: Smarter Legal Research

St. Paul-Mercury Indemnity Co. v. Hoey

Appellate Court of Illinois, First District
Apr 19, 1945
325 Ill. App. 693 (Ill. App. Ct. 1945)

Opinion

Gen. No. 43,054. (Abstract of Decision.)

Opinion filed April 19, 1945 Released for publication May 2, 1945

FRAUDULENT CONVEYANCES, § 105sale 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Not to be published in full.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.


Summaries of

St. Paul-Mercury Indemnity Co. v. Hoey

Appellate Court of Illinois, First District
Apr 19, 1945
325 Ill. App. 693 (Ill. App. Ct. 1945)
Case details for

St. Paul-Mercury Indemnity Co. v. Hoey

Case Details

Full title:St. Paul-Mercury Indemnity Company of Saint Paul, Appellee, v. James F…

Court:Appellate Court of Illinois, First District

Date published: Apr 19, 1945

Citations

325 Ill. App. 693 (Ill. App. Ct. 1945)
60 N.E.2d 641

Citing Cases

Hart v. Evans

The garnishee urges that plaintiffs were not creditors within the meaning of the Bulk Sales Act because their…

Continental Cas. Co. v. Burlington Truck Lines

No cases have been cited, or found, holding that the sale of intangible assets is covered by the Act.…