Bryant v. Simoneau
| Decision Date | 30 September 1869 |
| Citation | 51 Ill. 324,1869 WL 5337 |
| Parties | WILLIAM P. BRYANT et al.v.HENRY SIMONEAU et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Woodford county; the Hon. S. L. RICHMOND, Judge, presiding.
This was an action commenced by attachment, brought by the defendants in error, Henry Simoneau and Walter P. Colburn, in the court below, against the plaintiffs in error, William P. Bryant and S. B. Bushnell, partners, under the firm of Bryant & Bushnell. The cause was tried before the court and a jury, and a verdict found for the plaintiffs for $452.49. A motion for a new trial was entered, which the court overruled, and rendered judgment on the verdict; to reverse which, the record is brought to this court by writ of error. The facts in the case are fully stated in the opinion of the court. Messrs. CLARK & CHRISTIAN, for the plaintiffs in error.
Messrs. INGERSOLL & MCCUNE and Mr. S. D. PUTERBAUGH, for the defendants in error.
It appears, from the record in this case, that on the 18th day of June, 1869, defendants in error sued out a writ of attachment from the Woodford Circuit Court, against the goods, chattels and effects of plaintiffs in error. The affidavit alleged an indebtedness, and that the defendants were about to depart from the State with the intention of having their effects removed therefrom. By leave of the court, plaintiffs subsequently filed an amended affidavit, charging that defendants had fraudulently conveyed or assigned their property and effects, for the purpose of hindering and delaying their creditors in the collection of their debts, within two years of the filing of the original affidavit; that they had fraudulently concealed their property or effects within the same time, for the purpose of delaying their creditors, and they were about fraudulently to conceal or assign their property, so as to hinder and delay their creditors, at the time of filing the original affidavit. Defendants filed a plea in abatement, traversing the allegations of the affidavits. A trial was had by the court and jury, and the issues were found for plaintiff, and judgment was rendered on the verdict.
It is urged, that there is no evidence that plaintiffs in error were endeavoring to remove their property from the State, or that they had endeavored to fraudulently sell it, or otherwise dispose of it for fraudulent purposes. It appears that Bushnell had, a short time previous to the commencement of the suit, absconded, and gone to the State of Indiana, and plaintiffs in error had been making efforts to sell their stock of goods; and a short time before the suit was commenced, and on the night before he left, he loaded goods from the store, marked, “Household Goods,” which were taken away in a wagon; that the front door and blinds were closed when they were taken. The clerk and teamster fix the hauling the goods from Secor to Gridley a few days before the commencement of this suit, while the station agent of the railroad fixes the shipping of a lot of goods similarly marked, several weeks later, but thinks the goods had been there about a week before they were shipped.
It is clear, beyond question, that...
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...has been perpetrated, is all that is required.' " Schwarz v. Reznick (1913), 257 Ill. 479, 485, 100 N.E. 900, quoting Bryant v. Simoneau (1869), 51 Ill. 324, 327. Moreover, the trial court's findings of fact will not be disregarded unless they are against the manifest weight of the evidence......
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