Patton v. Gates

• Citation: 67 Ill. 164,1873 WL 8156
• Parties: MATTHEW PATTONv.LEANDER GATES.
• Decision Date: 31 January 1873
• Court: Illinois Supreme Court

67 Ill. 164

1873 WL 8156 (Ill.)

MATTHEW PATTON

v.LEANDER GATES.

Supreme Court of Illinois.

January Term, 1873.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Sangamon county; the Hon. JOHN A. MCCLERNAND, Judge, presiding.

This was a proceeding by garnishment, instituted by Matthew Patton against Leander Gates. The facts of the case are stated in the opinion of the court, except that the proof showed the note given by Gates was overdue and still in the hands of the wife of Kirkpatrick, the debtor, at the time of the trial.

Messrs. MORRISON & PATTON, for the appellant.

Messrs. ROBINSON, KNAPP & SHUTT, for the appellee.

Mr. JUSTICE WALKER delivered the opinion of the Court:

At the September term, 1871, of the Sangamon circuit court, appellant obtained a judgment against Walter Kirkpatrick and Robert N. Allen, who were partners, for the sum of $380.21 and costs; an execution was issued, and was returned no property found. An affidavit was filed by appellant, stating the facts, and alleging that appellee was indebted to Kirkpatrick.

Interrogatories were filed, to which appellee answered that he had purchased of the wife of Kirkpatrick eighty acres of land, and had paid her part in money and property, and had given to her his note for the sum of $300, with ten per cent interest, and that the note was not paid. The case was tried by the court, a jury being dispensed with by consent of the parties, and the garnishee was discharged.

It appears, from the evidence, that Allen and Kirkpatrick entered into partnership in manufacturing and repairing of farming implements. They purchased a lot, built a house, purchased and put up machinery, and procured material for carrying on the business. After a time, becoming involved, Kirkpatrick exchanged the manufactory and machinery with Utt for the eighty acres of land, took charge of the personal property, and agreed with Allen to pay the firm debts. On these facts the parties seem to be entirely agreed. But the defense is set up that the money Kirkpatrick put into the firm was furnished him by his wife, and he swears it was, and the land was conveyed to her by Utt to secure her in its payment.

Allen, on the contrary, testifies that, at the time it was furnished, and until this difficulty arose, Kirkpatrick never claimed that he obtained the money from his wife, and that he collected a large portion of it from Dr. Du Hadway on a note payable to Kirkpatrick, and that he said to witness that he had the conveyance...