Yates v. Dodge

Citations

• 123 Ill. 50
• 13 N.E. 847

Syllabus

<p>1. Attachment—fraud that will authorise am, attachment—obtaining money from, one who had resigned a guardianship on the pretense of having qualified as his successor. A, on the settlement of his account and his resignation as guardian, and the naming of B as his successor, promised, the latter to pay over the fund in his hands when B should give bond and qualify. Shortly afterward B went to A and told him that he had filed his bond and qualified, and, at the same time, presented a paper oh which was written B’s appointment, signed by the county judge, and a receipt running to “A, former guardian of,” etc., for $1941, belonging to A’s wards, and signed by B as “succeeding guardian,” on the faith of which A paid him the sum named in the receipt. The representation of B that he had qualified, proved false, and A was compelled to pay the amount found in his hands, to the rightful guardian: Held, that the receipt given by B to A, taken in connection with the order of the court, and considered iu the light of the circumstances, was such a statement in writing as constituted a fraud, within the meaning of the ninth clause of section 1 of the Attachment act, and authorized an attachment against the property of B.</p> <p>2. Insolvent Debtob’s act—priority of right as between an attaching creditor amd am assignee of the debtor. A writ of attachment was levied on real estate on November 6, 1885, at twenty minutes after ten o’clock A. M., and a deed of assignment for the benefit of creditors, made by the attachment debtor, was filed in the county clerk’s office some three hours later, but not in the recorder’s office until May 4, 1886. There was no proof that the attaching creditor, at the time of the levy, had any notice of the assignment, and the assignee had not then taken possession: Held, that the attachment took precedence over the deed of assignment, and that the assignee took the real estate subject to the lien of the attachment.</p> <p>3. An assignee to whom propert