#### George Studtmann, Defendant in Error, v. Union Grove Creamery Company, Plaintiff in Error.

Gen. No. 20,415.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John K. Pbindiviule, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1914.

Affirmed in part and reversed in part with finding of fact.

Opinion filed April 13, 1915.

Statement of the Case.

Action by George Studtmann, against the Union Grove Creamery Company, the plaintiff in his affidavit for attachment declaring on an account stated and for goods sold and delivered, and stating that the defend*249ant was about fraudulently to dispose of its property against the interest of his creditors. Defendant gave bond and made an affidavit to the merits. From a judgment in favor of the defendant on these issues, defendant excepted and brings error.

Abstract of the Decision.

1. Account stated, § 3 * —when evidence sustains judgment. Evidence in an action upon an account stated held sufficient to sustain a judgment in favor of plaintiff.

2. Attachment, § 47*—when evidence insufficient to sustain issues. Evidence on an issue in attachment held insufficient to sustain plaintiff’s claim that defendant at the time suit was brought, or at any other time, was about fraudulently to conceal, assign or otherwise dispose of its property so as to hinder and delay its creditors.

Francis E. Croarkin, for plaintiff in error.

Levisohn & Levisohn, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.