Huschle v. Morris

Appellate Court of Illinois

Huschle v. Morris

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

Appellate Court of Illinois·Decided October 19, 1888·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

29 Ill. App. 434 (Huschle v. Morris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related