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55 Ill. App. 378

Wehrheim v. Gilbert

Appellate Court of Illinois

Decided December 6, 1894

Appellate Court of Illinois · decided 1894-12-06

<p>1. Verdict—Not Entirely Unsupported by the Evidence.—A verdict of a jury will not be set aside unless it is manifestly against the weight of the testimony.</p>

Decided 1894-12-06

Mr. Justice Gary

¶1delivered the opinion oe the Court.

¶2One Joseph L. Lutz was in the boot and shoe business in Aurora, Illinois, had a stock of goods bought upon credit, and wanted to cheat his creditors.

¶3Without specific, pointed evidence, there is a general atmosphere and odor of fraud about the case which would always, probably, be sufficient to convince a jury that the appellant, through the agents by whom he acted, had notice of Lutz’ motive, and taking advantage of it, bought his stock at a sacrifice and shipped it to Chicago, where the creditors of Lutz attached it, and the appellant, by this suit, replevied it.

¶4The verdict and judgment being against tbe appellant, he has appealed, and now only urges “ that the verdict and judgment rendered were entirely unsupported by the evidence,” in which statement we do not concur, and affirm the judgment.

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