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MENCONI v. DAVISON

Gen. No. 51,026.

80 Ill. App.2d 1 (1967)

225 N.E.2d 139

Arnold Menconi, Plaintiff-Appellee, v. George W. Davison, et al., and Lake States Construction Co., Inc., an Illinois Corporation, Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

January 16, 1967.

Attorney(s) appearing for the Case

O'Brien & Boyle, of Chicago, for appellants.

Robert L. Huttner, Kernal Freeman and John V. Evans, of Chicago (Robert L. Huttner and Kernal Freeman, of counsel), for appellee.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

Defendants appeal from a $28,376 summary judgment entered against them in favor of plaintiff in a "creditor's bill" proceeding under the Chancery Act (Ill Rev Stats 1963, c 22, § 49).

The record consists of the complaint, defendants' answer, affidavits, counteraffidavits, and exhibits. Defendants' theory is that the judgment was entered on a "constructive fraud basis," and that the summary...

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