Lewis v. James E. Lewis.
| Decision Date | 30 June 1879 |
| Citation | 92 Ill. 237,1879 WL 8511 |
| Parties | DAVID B. LEWISv.JAMES E. LEWIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Jersey county; the Hon. CYRUS EPLER, Judge, presiding.
Messrs. WARREN & POGUE, for the appellant.
Messrs. SNEDECKER & HAMILTON, for the appellee.
This was an action of assumpsit brought by David B. Lewis against James E. Lewis, and a writ of attachment was sued out in aid on an affidavit charging that defendant was about fraudulently to sell and dispose of his property, so as to hinder and delay his creditors. The affidavit was traversed by defendant. The general issue and other pleas were filed and issues formed. A trial was had by the court and a jury, resulting in a verdict and judgment in favor of defendant, and plaintiff appeals, and urges a reversal because the evidence fails to support the verdict.
It appears that appellee, in June, 1864, borrowed $280 of the trustees of a school township, and appellant became his surety on a note given for the amount. Appellant subsequently paid the note, and then instituted this suit to recover the money thus paid from appellee. The defence relied on is, that appellee placed property in the hands of appellant to pay this and other debts owing at the time by appellee, and in consideration of the purchase of such property appellant promised to pay the debts, including that owing to the school fund; that when he paid that debt he only discharged and paid a debt he had for a sufficient consideration agreed to pay, and appellee therefore owes him nothing. And the jury so found under the evidence.
It appears that some time in the month of March, 1872, this school note being unpaid, and appellee then owing other debts, to provide for their payment he gave a chattel mortgage to one Stafford, the treasurer of the school trustees, and to whom appellee was individually indebted; and by the terms of the mortgage he was created a trustee to hold, sell and dispose of the property thus mortgaged, and out of the proceeds to pay the claim to himself and the other debts named in the mortgage, of which the school debt was one. When the debt to Stafford became due he advertised the property for sale. Thereupon appellee applied to appellant to aid him, and to prevent his property from being sacrificed by a sale. An arrangement was made by them, the terms of which do not very clearly appear. But it does appear that appellant attended the sale, and it was then arranged that he should purchase the property at $1000, the amount of the indebtedness named in the mortgage--and the property was sold to him; that he should give thirty days' notice, and sell the property on six months' time, and pay this indebtedness. In pursuance of such a notice a sale was made to the amount of $1211.75, being $211.75 more than the amount of the debts. Appellant took notes from the purchasers, with sureties, and...
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