Schwabacker v. Rush

Citations

• 81 Ill. 310

Syllabus

<p>1. Attachment — issue on plea to the affidavit. Where an affidavit states, as ground for an attachment, that the defendant, within two years preceding the filing of the affidavit, had fraudulently conveyed and assigned his property, so as to hinder and delay creditors, and the defendant, hy his plea, traverses the affidavit, the only question is whether the defendant has, within two years before the commencement of the suit, fraudulently conveyed or assigned his effects so as to hinder or delay his creditors.</p> <p>2. Where the issue in an attachment suit is whether the defendant has fraudulently conveyed or assigned his property within two years preceding the commencement of the suit, so as to hinder and delay his creditors, the question whether goods sold by him were delivered to the purchaser so as to pass title as against his creditor, is not presented.</p> <p>3. Same—non-delivery of goods not evidence of fraudulent sale: A sale of goods made in good faith for a valuable consideration, although there is not such a delivery as to pass title to the purchaser as against the creditors of the seller, does not amount to a fraudulent assignment or conveyance so as to hinder and delay creditors, within the meaning of the Attachment Law.</p>