Lucas v. Campbell

Citations

• 88 Ill. 447

Syllabus

<p>1. Sale—whether sale or lease. Where a sewing machine was delivered under a writing purporting to hire the same at $5 per month, the company agreeing that when $85 was paid in such monthly advances, or otherwise, to sell and deliver the machine under a receipted bill of sale, it was held, that the writing showed a sale, and that the machine was liable to attachment against the purchaser.</p> <p>2. Under such a sale, if the vendor regains possession before any liens attach, he will be possessed of not only the property, but the title, as against creditors of the purchaser, when property is taken in default of payment.</p> <p>3. Garnishment—money in hands of attorney. Where a recovery is had in trover for the wrongful conversion of a person s property after its attachment for his debt, and the money is collected and paid to the attorney in the action of trover, with a part of which he pays oif the attaching creditor, the balance in his hands will belong to the former owner, upon which neither the party sued in trover nor the attorney will have any claim, legal or equitable, and such money in his hands is liable to be garnisheed by a creditor of the party entitled to it.</p> <p>4. Same—costs. Where a garnishee defends and uselessly makes costs in the defense, and fails to show any just defense, it is proper for the court to adjudge him to pay the costs of the suit. If he chooses to litigate unnecessarily, he ought to pay the costs. If he answers, stating the facts, and submits to the decision of the court, it seems that costs ought not to be taxed against him.</p> <p>5. Attorney’s lien. Where an attorney received money which was collected in a suit prosecuted in the interest of his client as a creditor, and he paid over to his client such portion of the money as belonged to him, leaving a surplus in his hands belonging to a third person, it was held, in a proceeding by garnishment against the attorney, at the suit of another creditor of the owner of such surplus, th