Huschle v. Morris

Decided October 19, 1888

Appellate Court of Illinois · decided 1888-10-19

Louis; the Hon. B. H. Caney, Judge, presiding. George H. Ricker purchased a stock of goods on credit and executed notes therefor, on which notes appellant became surety. Ricker also became indebted to appellant for .merchandise and cash loaned. One of the notes on which appellant was surety became due and was paid by appellant. Ricker executed his note to appellant, due two years after date, for' the sum of $1,000.

Relies on Barnet v. Fergus

Decided 1888-10-19

Phillips, J.

¶1In 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.

¶2The 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.

¶3Reversed and remanded.