Stevens v. Dillman

Citations

• 86 Ill. 233

Syllabus

<p>1. Fraudulent conveyance—from father to son. Where a father, being-indebted, transferred two promissory notes to a third person for his minor son, each for $1,000, and which were good notes, for the consideration of $500, and also conveyed his homestead to his son for the expressed consideration of $5,000, when it was worth $10,000, and only received $100 in hand, and took no mortgage or other security for the payment of the balance of the purchase money, and it appeared that the son had no means with which to make so extensive a purchase, it was held, that the transfers were fraudulent as to the creditors of the father.</p> <p>2. Garnishment—garnishee liable if he surrenders notes after service. If one holding notes, after service of garnishee process on him at the suit of a creditor, surrenders the same, he will do so at his peril, and if he does not show that the notes are not subject to the payment of the debt he will be liable for the amount due on the same when they are shown to be good.</p> <p>3. Same—waiver of sufficiency of affidavit. If an affidavit for garnishee process is insufficient, the garnishee should move to quash. If he does not, but answers on the merits, he will be considered as having waived the objection to the sufficiency of the affidavit.</p> <p>. 4. Same—judgment, when a protection to garnishee. Where one holding notes is garnisheed, and one claiming the same is notified of the proceeding, and thus made a party, the judgment against the garnishee will be conclusive on such claimant in any subsequent suit between him and the garnishee.</p>