Opinion
Gen. No. 44,399. (Abstract of Decision.)
Opinion filed March 1, 1949 Released for publication May 12, 1949
FRAUDULENT CONVEYANCES, § 105 — nonapplicability of Bulk Sales Act to mortgagee under chattel mortgage. Even if vendor, when executing affidavit under Bulk Sales Act in connection with sale of vendor's tavern and personalty therein, informed vendee and assignee of chattel mortgage given to vendor that vendor's judgment creditor was not included in list of vendor's creditors contained in affidavit, assignee's failure to give creditor notice of assignment did not render mortgage and assignment thereof void as to creditor or impose liability upon assignee under Act where record showed that mortgage and assignment were otherwise valid, since Act does not apply to mortgagee under a chattel mortgage; hence judgment against assignee in garnishment proceedings for benefit of creditor was improper (Ill. Rev. Stat. 1947, ch. 12 1/2, par. 78; Jones Ill. Stats. Ann. 121.01).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.
Reversed. Heard in the second division, first district, this court at the April term, 1948.
Cohen Weiss, for appellant;
Marvin Patrick Cohen, of counsel;
Bernard P. Barasa and Moss Inlander, for appellee;
Walter E. Moss, of counsel.
Not to be published in full. Opinion filed March 1, 1949; released for publication May 12, 1949.