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· 9/15/1876

Richardson v. Lester

Citations

  • 83 Ill. 55

Syllabus

<p>1. Chattel mortgage—given by one partner—when binding. Where one partner executes a chattel mortgage upon partnership property to secure a firm debt, and the other partner witnesses its execution, and, when the property is afterwards taken under the mortgage and exposed to sale, the latter makes no objection, he will be estopped from disputing the validity of the mortgage.</p> <p>2. Garnishment—creditor has no greater right than his debtor. In proceeding by garnishment, the garnisheeing creditor will have no greater rights to recover of the party garnisheed than the execution debtor, in whose name the suit is brought.</p>

Judges: Scott

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