Moriarty v. Stofferan
Illinois Supreme Court
Appeal from the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was an action of replevin, brought by Stofferan against Moriarty. The property claimed consisted of a pair of mules and a mare. Stofferan sold the property to Moriarty at the price of $310, on a credit' of one year, and to secure the payment of the price accepted a promissory note, signed by Moriarty and McInerny.
Read the full summary
Appeal from the Circuit Court of Iroquois county; the Hon. N. J. Pillsbury, Judge, presiding. This was an action of replevin, brought by Stofferan against Moriarty. The property claimed consisted of a pair of mules and a mare. Stofferan sold the property to Moriarty at the price of $310, on a credit' of one year, and to secure the payment of the price accepted a promissory note, signed by Moriarty and McInerny. The plaintiff claimed, upon the trial, that in negotiating the trade, Moriarty and McInerny assured him that McInerny was the owner of eighty acres of laud, free from incumbrance. The…
1Opinion of the CourtJustice Dickey
In an action of replevin it is essential that the plaintiff should be entitled to the possession of the property at the time when the writ is sued out. Assuming the plaintiff’s version of the facts to be true, he was not entitled to the possession of this property at' the time that he commenced his action. If his allegations be true, he undoubtedly had a right to rescind the contract by offering to return the note. He, however, was not in a condition to bring his action until he had offered to return the note and demanded the property.
The judgment must be reversed and the cause remanded.
Judgme…
2Cited by11 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Thompson v. PeckIndiana Supreme Court · 1888
- Joslin v. NoretMichigan Supreme Court · 1923
- Farwell v. HanchettIllinois Supreme Court · 1887
- Wm. S. Merrill Chemical Co. v. NickellsMissouri Court of Appeals · 1896
6 more not listed; retrieve them via the Exa API.