Wanzer & Co. v. Brainard
Wanzer & Co. v. Brainard
Opinion of the Court
I. November 30, 1885, plaintiffs recovered a judgment against defendant Marvin B. Brainard for $707.73 in the superior court of Cook county, Illinois. On the 28th day of December of the same year they instituted an action by attachment in the Calhoun district court, wherein the lands sought to be subjected to the judgment were seized, and September 20, 1886, they filed their petition in this case, seeking to subject the land to their claim, on the ground that it was voluntarily and fraudulently conveyed to defendant Emily, December 28, 1880, to defeat the creditors of Marvin, and was conveyed to McKaig after their attachment. The allegations of plaintiffs’ petition are denied by defendants Marvin B. and Emily J., who allege that the land was conveyed to the last named in good faith, in discharge of a trust, the land being purchased by the husband with property and money and the accumulation thereof which belonged to the wife in her own right, having been inherited by her.
III. We need not inquire whether the husband was a trustee or a debtor of the wife. It cannot be doubted that he received a considerable sum which she owned in her own right. Under the agreement it was to be invested and held
IV. Plaintiffs cannot complain of the transaction between the husband and wife, for the reason that at the time of the conveyance he had other property amply sufficient to satisfy plaintiff’s claim. He had a right under any circumstances to pay his wife’s claim, while he held sufficient property to pay his other creditors. He was authorized in good faith to pay her, and it was no fraud on his other creditors. There is no evidence tending to show a purpose on the part of either husband or wife to hinder, delay or defeat his creditors.
V. The preponderance of the evidence shows that one member of the firm, with whom the business out of which plaintiffs’ claim arose was transacted, had knowledge of the wife’s interest in the property. His knowledge was the knowledge of the firm. The credit to plaintiffs, therefore, was not given upon faith in the husband’s ownership of the property. -
Other points of the case need not be noticed. Upon these considerations, we reach the conclusion that the decree of the district court ought to be
Arbirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.