Legal Opinion

Cranz v. Kroger

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 16 opinions

This was an action of replevin, brought by Kroger against' Cranz, in the court below. The declaration alleges the unlawful detention by defendant of certain articles of personal property, to wit: One piano, one .piano stool, six chairs, one card table, and one sofa; and a demand made by plaintiff for the same, and a refusal of defendant to deliver, etc. Pleas: 1, non detinet; 2, property in defendant; 3, property in Amelia Alexander. Issues to the country.

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This was an action of replevin, brought by Kroger against' Cranz, in the court below. The declaration alleges the unlawful detention by defendant of certain articles of personal property, to wit: One piano, one .piano stool, six chairs, one card table, and one sofa; and a demand made by plaintiff for the same, and a refusal of defendant to deliver, etc. Pleas: 1, non detinet; 2, property in defendant; 3, property in Amelia Alexander. Issues to the country. The plaintiff produced as a witness, Sarmiel P. Goodale, who testified, that sometime in the early part of the season of 1855, a quantity…

1Opinion of the CourtBreese, J.

It is a well-settled principle that a verbal gift without delivery can be resumed by the giver. Not so, however, where the gift is evidenced by writing. 2 Kent’s Com. 438; Irons v. Smallpiece, 4 Eng. C. L. R. 635 ; Caines and Wife v. Marley, 2 Tenn. (Merger’s) R. Here there was a bill of sale executed to the plaintiff’s wife, of the property in question. But assuming the gift of the property to be in parol only, there is proof to show a delivery. The defendant himself marked the boxes containing the articles declared for, at Cleveland, Ohio, to M. E. Kroger, the plaintiff’s wife, and…

2Cited by16 opinions

  1. Smith & Co. v. McLeanSupreme Court of Iowa · 1868
  2. Kee & Chapell Dairy Co. v. Pennsylvania Co.Illinois Supreme Court · 1920
  3. Muse v. Wright & Co.Supreme Court of Georgia · 1898
  4. National Bond & Investment Co. v. ZakosAppellate Court of Illinois · 1923
  5. Peters v. ParsonsNebraska Supreme Court · 1885

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