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VILLAGE OF WINFIELD v. RELIANCE INS. CO.

Gen. No. 65-10.

64 Ill. App.2d 253 (1965)

212 N.E.2d 10

Village of Winfield, an Illinois Municipal Corporation, for the Use of Harry W. Kuhn, Inc., an Illinois Corporation, Plaintiff-Appellee, v. Reliance Insurance Company, a Corporation and Vincent Di Vito, Defendants-Appellants.

Appellate Court of Illinois — Second District.

Rehearing denied December 9, 1965.

Attorney(s) appearing for the Case

Samuel Morgan, George Brode, and Dent, Hampton & Doten, all of Chicago, for appellants.

John Demling, of Glen Ellyn, for appellee.

MR. JUSTICE DAVIS delivered the opinion of the court.

The issue before this Court is whether, under the circumstances of this case, the plaintiff, Harry W. Kuhn, Inc. (herein called Kuhn), as a creditor of the defendant, Vincent Di Vito (herein called Di Vito), made an improper application of funds which Di Vito had received from the Village of Winfield (herein called Winfield) and had paid to Kuhn.

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