La Crosse Manufacturing Co. v. Springer

Full title: La Crosse Manufacturing Company, Appellee, v. Max A. Springer and Lena M…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Jun 30, 1944

323 Ill. App. 525 (Ill. App. Ct. 1944)

56 N.E.2d 146

Opinion

Gen. No. 42,668. (Abstract of Decision.)

Opinion filed June 30, 1944

FRAUDULENT CONVEYANCES, § 188^_ — evidence insufficient to justify withdrawals from corporate accounts. In action to discover assets to be applied in satisfaction of plaintiff's judgment against corporation where it was charged that there was a fraudulent scheme to cheat and defraud plaintiff by withdrawing moneys from corporate account, held there was no proof to support defendants' contention that at time withdrawal and appropriation were made corporation owed defendants the debts claimed, and hence defendants were not entitled to withdrawal of money, such money being part of capital stock of corporation and trust fund for payment of corporate debts.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. ULYSSES S. SCHWARTZ, Judge, presiding.

Decree affirmed. Heard in the third division, first district, this court at the June term, 1943.

B.M. Steiner, of Chicago, for appellants;

Herbert A. Schryver, of Chicago, for appellee.

Opinion by JUSTICE KILEY.

Not to be published in fall. Opinion filed June 30, 1944.