Ray v. Faulkner

Citations

• 73 Ill. 469

Syllabus

<p>X. Garnishment—acceptance of order by debtor- before service. The acceptance by a debtor of an order drawn upon him by his creditor, in good faith, before the service of a garnishee process upon him, makes him no longer the debtor of tl.ie drawer, and hence not liable to be garnisheed by his creditors.</p> <p>3. Acceptance—whether absolute or conditional. An acceptance was in these words: “ accepted for the full amount, provided there is this amount in my hands:” Held, this was an absolute undertaking to pa}' the holder all the money the acceptor had of the drawer, not exceeding the amount of the order.</p> <p>3. Judgment—will be reversed where there is no evidence to sustain it. . Where the evidence is conflicting, this court is not disposed to reverse a judgment, hut where there is an entire want of evidence to sustain it, it will he reversed.</p>