Opinion
Gen. No. 43,069. (Abstract of Decision.)
Opinion filed April 19, 1945 Rehearing denied May 1, 1945 Released for publication May 2, 1945
CREDITORS' SUITS, § 77 — estoppel to claim right to restoration of money paid by debtor to third party. In creditor's suit, where judgment debtor made partial payment and assignment of his interest in joint venture to apply on his indebtedness to bank during pendency of suit, after which proceeds of debtor's interest in joint venture were paid to receiver, and judgment creditor and bank entered into settlement agreement pursuant to which judgment creditor, without apprising either chancellor or judgment debtor of such agreement, procured the entry of consent order for distribution of funds in hands of receiver, thereby depriving judgment debtor of his right to judicial determination as to whether his payment to bank was properly or improperly made, held that plaintiff was estopped from asserting claim that judgment debtor should be compelled to restore amount paid by him to bank and pay it to receiver, and complaint was properly dismissed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Judgment order affirmed. Heard in the second division, first district, this court at the June term, 1944.
Oscar S. Seaver and J. Edward Jones, for appellant;
Golbus Golbus, for appellee.
Not to be published in full. Opinion filed April 19, 1945; rehearing denied May 1, 1945; released for publication May 2, 1945.