Benjamin v. Stremple
Illinois Supreme Court
This action was commenced by Stremple before a justice of the peace in Pike county, and taken by appeal to the Circuit Court.
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This action was commenced by Stremple before a justice of the peace in Pike county, and taken by appeal to the Circuit Court. The bill of exceptions taken at the trial of the cause in the Circuit Court, shows, that a son of Benjamin, under pretence of desiring to borrow some nails, entered the workshop of one Craig, from whence he to ole a chest which contained the regalia of the New Salem Division, No. 304, of the Sons of Temperance; and that said Charles Benjamin and his son, the said Stremple, and eighteen others, were members of said division ; that said chest was kept in the shop of…
1Opinion of the CourtTreat, C. J.
The facts of this case admit of no dispute. Twenty-one persons were members of a voluntary society established for their mutual benefit. They were without corporate existence, and held some property in common. It was placed in the hands of the plaintiff, one of the members, who was responsible for its safe keeping. It was taken from his possession by the defendant, also a member, and converted to his own use. . The plaintiff then brought an action of trover, and recovered the entire value of the property.
The law of the case is equally plain. By the common law, one tenant in common of a…
2Cases cited4 opinions
- White v. WebbSupreme Court of Connecticut · 1842
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
- Lyle v. BarkerSupreme Court of Pennsylvania · 1813
- Linville v. BlackCourt of Appeals of Kentucky · 1837
3Cited by10 opinions
- Watson v. Stockton Morris Plan Co.California Court of Appeal · 1939
- German National Bank v. MeadowcroftIllinois Supreme Court · 1880
- California Cured Fruit Ass'n v. AinsworthCalifornia Supreme Court · 1901
- Illinois & St. Louis Railroad & Coal Co. v. CobbIllinois Supreme Court · 1879
- Greeling v. AbendrothAppellate Court of Illinois · 2004
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