W. H. Collins Ice Cream Co. v. Talmage

Appellate Court of Illinois

W. H. Collins Ice Cream Co. v. Talmage

210 Ill. App. 374, 1918 Ill. App. LEXIS 257

CourtAppellate Court of Illinois

DecidedApril 29, 1918

DocketGen. No. 23,608

StatusPublished

This text of 210 Ill. App. 374 (W. H. Collins Ice Cream Co. v. Talmage) 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.

Bluebook

W. H. Collins Ice Cream Co. v. Talmage, 210 Ill. App. 374, 1918 Ill. App. LEXIS 257 (Ill. Ct. App. 1918).

Pincite

Opinion

Mr. Justice Me Surely

delivered the opinion of the court.

Abstract of the Decision. 1. Chattel mortgages, § 128*—when after-acquired goods not covered. A chattel mortgage on a stock of goods and store fixtures which contains no words providing that the mortgagee shall have any lien on after-acquired goods and fixtures does not cover goods and fixtures thereafter purchased. 2. Chattel mortgages, § 265*—what is insufficient posting of notices of sale. The statutory provision (J. & A. If 7603) requiring the posting of notices of a sale under a chattel mortgage is' not complied with by the posting on the building of notices which, by agreement between the mortgagor and mortgagee, are immediately torn down by the former. 3. Fraudulent conveyances—when sale under chattel mortgage fraudulent as to creditors. Where property worth more than $3,000 is sold at a chattel mortgage sale, statutory notice of which had not been given, for $950 to a dummy acting for the mortgagee, such sale is fraudulent and invalid as to creditors and the mortgagee holds the property in trust for their benefit.

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Mr. Justice Me Surely

delivered the opinion of the court.

Abstract of the Decision. 1. Chattel mortgages, § 128*—when after-acquired goods not covered. A chattel mortgage on a stock of goods and store fixtures which contains no words providing that the mortgagee shall have any lien on after-acquired goods and fixtures does not cover goods and fixtures thereafter purchased. 2. Chattel mortgages, § 265*—what is insufficient posting of notices of sale. The statutory provision (J. & A. If 7603) requiring the posting of notices of a sale under a chattel mortgage is' not complied with by the posting on the building of notices which, by agreement between the mortgagor and mortgagee, are immediately torn down by the former. 3. Fraudulent conveyances—when sale under chattel mortgage fraudulent as to creditors. Where property worth more than $3,000 is sold at a chattel mortgage sale, statutory notice of which had not been given, for $950 to a dummy acting for the mortgagee, such sale is fraudulent and invalid as to creditors and the mortgagee holds the property in trust for their benefit.

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Bluebook (online)

210 Ill. App. 374, 1918 Ill. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-h-collins-ice-cream-co-v-talmage-illappct-1918.