Frankenthal v. Mayer
Appellate Court of Illinois
Memorandum.—Action on the case for goods wrongfully taken. Error to the Superior Court of Cook County; the Hon. John Barton Payne, Judge, presiding.
1Opinion of the CourtJustice Waterman
The question here presented is, when the mortgagee of personal property has, after default, taken possession of the goods for the purpose of foreclosure, can the mortgagor maintain an action of case against a third party, who without right and with violence takes such property from the possession of the mortgagee, against his will, the value of the goods being largely in excess of the amount of the mortgage 1 It is said that after default and possession taken by a mortgagee of personal property, the legal title to such property is vested in the mortgagee, and that he alone can maintain an…
2Cases cited13 opinions
- Russell v. ButterfieldNew York Supreme Court · 1839
- Simmons v. JenkinsIllinois Supreme Court · 1875
- Phares v. BarbourIllinois Supreme Court · 1868
- Pike v. ColvinIllinois Supreme Court · 1873
- Waite v. DennisonIllinois Supreme Court · 1869
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3Cited by5 opinions
- Samuell v. Moore Mercantile Co.Montana Supreme Court · 1922
- Hummer v. R. C. Huffman Const. Co.Court of Appeals for the Seventh Circuit · 1933
- North Chicago Street Railroad v. CheethamAppellate Court of Illinois · 1895
- Jolly v. ThorntonCalifornia Court of Appeal · 1940
- Hayden v. Wabash Railway Co.Appellate Court of Illinois · 1933