Gataric v. Colak, 2016 IL App (1st) 151281 presents a collection tug of war between a judgment creditor and a third party concerning funds in a joint bank account. The salient issue is what level of proof the third party must meet in order to rebut the presumption that the bank account funds belong not to …
Tag Archives: gift
Plaintiff Loses Bid to Repossess Dog Gifted to Ex: Illinois Replevin, Personal Property and Gift Law Basics
Koerner v. Nielsen, 2014 IL App (1st) considers the parameters of an inter vivos gift (a gift made during a giver’s lifetime) as they pertain to the question of who owns a dog after the break-up of a romantic relationship. The plaintiff gave her then-boyfriend (the defendant) a dog (a Stig) for Christmas. About fourteen …
Illinois Replevin Law: Who Gets to Keep (Broken) Engagement Ring?
The (diabolical?) Joey Greco (I think that’s the ‘Cheaters’ Host’s name) would love this one. In Carroll v. Curry, 912 N.E.2d 273 (2nd Dist. 2009), the plaintiff filed a replevin suit against his ex-fiancée (defendant) seeking the return of an engagement ring that he previously bought. The couple was engaged to be married for several years until the defendant broke …
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