Legal Opinion

Baldwin v. Bradley

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action of replevin, brought by Miller C. Baldwin, H. Pomeroy Baldwin, and Albert A. Alexander, partners, etc., against Timothy M. Bradley, sheriff of Cook county, for the recovery of 42 barrels of whisky. The coroner returned that he had taken and delivered to the plaintiff 20 barrels of the whisky, giving their brands, and had not found the balance.

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Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was an action of replevin, brought by Miller C. Baldwin, H. Pomeroy Baldwin, and Albert A. Alexander, partners, etc., against Timothy M. Bradley, sheriff of Cook county, for the recovery of 42 barrels of whisky. The coroner returned that he had taken and delivered to the plaintiff 20 barrels of the whisky, giving their brands, and had not found the balance. A count in trover was inserted in the declaration as to the 22 barrels not found. The defendant, to the count .in replevin, pleaded that, as…

1Opinion of the CourtJustice Scholfield

It is not seriously contested that the property in controversy Ávas pledged to appellants, and it. is conceded that it was converted by appellee. The only question discussed in the briefs before us, and to which we have thought it necessary to direct our attention, is, what, under the evidence, is the measure of appellants’ damages ?

As against a mere wrongdoer, the appellants would be entitled to recover to the extent of the full value of the property converted ; but we do not consider appellee as standing in that light. His conversion was made in executing certain writs of attachment against…

2Cited by8 opinions

  1. Union Brewing Co. v. Inter-State Bank & Trust Co.Illinois Supreme Court · 1909
  2. J. M. Atherton Co. v. IvesU.S. Circuit Court for the District of Kentucky · 1884
  3. Farmers & Merchants Bank v. HamiltonCourt of Appeals of Georgia · 1923
  4. Lubezny v. BallAppellate Court of Illinois · 1943
  5. Cramer v. MarshColorado Court of Appeals · 1894

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