Kingman & Co. v. Reinemer
Appellate Court of Illinois
Replevin and Motion to Vacate Judgment, entered upon a judgment note. In the Circuit Court of Madison County; the Hon. George W. Wall, Judge, presiding. Declaration in replevin. Pleas (1) non cepit; (2) non detinet; (3) property in a third party; (4) property taken by virtue of an execution, etc.; (5) property in the defendant. Trial by the court without a jury; finding and judgment for plaintiff; appeal by defendants.
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Replevin and Motion to Vacate Judgment, entered upon a judgment note. In the Circuit Court of Madison County; the Hon. George W. Wall, Judge, presiding. Declaration in replevin. Pleas (1) non cepit; (2) non detinet; (3) property in a third party; (4) property taken by virtue of an execution, etc.; (5) property in the defendant. Trial by the court without a jury; finding and judgment for plaintiff; appeal by defendants. Submitted at the August term, 1894. Statement of the Case. In June, 1893, Reinemer & Co., hardware merchants at Grantfork, Illinois, found they were indebted to such an extent…
1Opinion of the CourtJustice Green
The means by which the makers of the judgment notes were induced to execute them, is the vital, controlling question involved, touching which there is a conflict of evidence. We are of the opinion the court was warranted in finding, by a preponderance of the evidence, that Roberts was an agent of Kingman & Co., and was apprised on the 31st of June, 1893, by Knebel, of the organizing of the corporation as mentioned in the preceding statement. That on the evening of that day he informed Kingman & Co. of that fact, and was instructed to go back to Grantfork and get money, security or judgment…
2Cases cited5 opinions
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Taylor v. AtchisonIllinois Supreme Court · 1870
- Leach v. NicholsIllinois Supreme Court · 1870
- Hardy v. KeelerIllinois Supreme Court · 1870
- Munson v. NicholsIllinois Supreme Court · 1871
3Cited by1 opinion
- State Bank of Freeport v. BlakeAppellate Court of Illinois · 1898