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St. Paul-Mercury Indemnity Company of Saint Paul, Appellee, v. James F. Hoey, Defendant Below. C. J. Hoffman, Trading as Chicago-Kansas City Freight Lines, Appellant.

FRAUDULENT CONVEYANCES, § 105 — sale of trucking business as bulk sale. In garnishment proceeding to reach motor freight line equipment transferred by defendant debtor to garnishee without complying with Bulk Sales Act, where plaintiff, as surety on defendant's indemnity bond for taxes, paid taxes and as subrogee recovered judgment against defendant for amount thereof, held that garnishee's acquisition of freight line was sale and that plaintiff was creditor within purview of Bulk Sales Act, with right to attack sale as having, been fraudulently made (Ill. Rev. Stat. 1943, ch. 121 1/2, par. 78 et seq.; Jones Ill. State. Ann. 121.01 et seq.).

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

Opinion by JUSTICE FRIEND.

Not to be published in full. Opinion filed April 19, 1945; released for publication May 2, 1945.

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ST. PAUL-MERCURY INDEMNITY CO. v. HOEY
(Apr 19, 1945)