Patton v. Gates

Citations

• 67 Ill. 164

Syllabus

<p>1. Married woman—when her property liable for husband’s debts. If a married woman advances her separate property or money, and places it in the hands of her husband for the purpose of his carrying on any general business, and he obtains credit on the faith of being the owner of the same, the entire capital so embarked in the enterprise, with the increase, will not constitute the separate property of the wife as to creditors, but will be liable for the husband’s debts.</p> <p>2. Garnishment—note overdue made payable to wife to defraud creditors. Where a husband traded a manufacturing establishment and the machinery, belonging to himself and partner, for a tract of land, taking the conveyance to his wife to defraud creditors, and afterwards sold the same and took a note for the unpaid price, to his wife, which remained in her hands until after its maturity, and until the maker was garnisheed by a creditor of the firm of which the husband had been a member: Held, that, as there were no rights of innocent assignees involved, the amount due on the note was subject to the garnishment.</p>