Huschle v. Morris

Appellate Court of Illinois

Huschle v. Morris

29 Ill. App. 434, 1888 Ill. App. LEXIS 151

DecidedOctober 19, 1888

StatusPublished

This text of 29 Ill. App. 434 (Huschle v. Morris) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Huschle v. Morris, 29 Ill. App. 434, 1888 Ill. App. LEXIS 151 (Ill. Ct. App. 1888).

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Opinion

Phillips, J.

In this mortgage was included a stock of goods which the mortgagor continued to sell at retail. There was also included in the mortgage two horses, one buggy and one wagon. It does not follow that the mortgage became fraudulent and void as to the horses and wagon because it may have become so as to the stock of goods, by reason of the mortgagor being permitted to sell that stock of goods at retail.

The opinion of the Supreme Court in Barnet v. Fergus et al., 51 Ill. 352, is conclusive of this ease. The court erred in giving the instruction, and the judgment must be reversed and cause remanded.

Reversed and remanded.

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Phillips, J.

In this mortgage was included a stock of goods which the mortgagor continued to sell at retail. There was also included in the mortgage two horses, one buggy and one wagon. It does not follow that the mortgage became fraudulent and void as to the horses and wagon because it may have become so as to the stock of goods, by reason of the mortgagor being permitted to sell that stock of goods at retail.

The opinion of the Supreme Court in Barnet v. Fergus et al., 51 Ill. 352, is conclusive of this ease. The court erred in giving the instruction, and the judgment must be reversed and cause remanded.

Reversed and remanded.

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29 Ill. App. 434, 1888 Ill. App. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huschle-v-morris-illappct-1888.

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