Bonte v. Cooper

Citations

• 90 Ill. 440

Syllabus

<p>1. Creditor’s Bill—what assets may be reached. A creditor’s bill will not lie to reach assets of the debtor which the latter can not recover in an action in his own name.</p> <p>2. Same—set-off against debtor. A creditor’s bill can not be sustained against one having money in his hands belonging to the judgment debtor, or who is indebted to him, where such person has a claim against the judgment debtor which he would be entitled to set off in an action by the debtor against him.</p> <p>3. Where money is paid by a purchaser of land to the agent of his vendor, under the contract of purchase, which money is retained by the agent until a further sum shall be paid so as to complete an installment, and not credited on the contract for that reason, and no forfeiture has been declared under a clause authorizing the same, time being made essential, the money so paid can not be reached on creditor’s bill against the vendee making the payment. The vendee, under such circumstances, could not recover back the payment from the agent of the vendor, and his creditors occupy no better position.</p> <p>4. Set-oee—when allowed,. Where money is given by a purchaser of land to a person, to be by him paid to the vendor, such person, as against the purchaser, will have the right to set off any indebtedness of the purchaser to him against the money in his hands, or to retain what is due him, but it seems he could not retain the money as against the vendor, for whom he received the same.</p> <p>5. Contract—what is a payment on purchase. Where money is paid to the agent of the vendor of land, who is to receive a certain sum out of the first moneys received as commissions for effecting the sale, and such agent retains such sum, it will be treated as a payment on the purchase money by the vendee, as against a creditor’s bill filed against the vendee and the party so receiving the money, and not subject to the claim of such creditor.</p>