Wood v. Clark
Appellate Court of Illinois
Appeal from the Circuit Court of De Kalb County; the Hon. C. W. Upton, Judge, presiding; Statement of the case by Welch, J. Peter H. Evans, prior and up to the 29th day of January, 1885, had been engaged in the sale of agricultural implements, wagons, sewing machines, lumber, etc., at Somonauk in De Kalb County, Illinois. During the time he was thus doing business he had procured John Clark and Stephen D. Wright, two of the appellees, to sign notes for him as sureties.
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Appeal from the Circuit Court of De Kalb County; the Hon. C. W. Upton, Judge, presiding; Statement of the case by Welch, J. Peter H. Evans, prior and up to the 29th day of January, 1885, had been engaged in the sale of agricultural implements, wagons, sewing machines, lumber, etc., at Somonauk in De Kalb County, Illinois. During the time he was thus doing business he had procured John Clark and Stephen D. Wright, two of the appellees, to sign notes for him as sureties. Clark had signed three notes, each for the sum of 8875, and interest, payable to John McNamara, Wright had signed as surety…
1Opinion of the CourtWelch, J.
This was an action of replevin, by appellees against the appellant, to recover this property. Appellant tiled several pleas : Non cejpit, non detinet, property in P. H. Evans, and justification as Sheriff under writs of attachment. Replications were filed to the pleas. Trial, verdict for the appellees and judgment on the verdict. From which judgment this appeal is taken, and various errors are assigned.
The question in controversy in this case is, as to who was entitled to tlie property. It is insisted by the counsel for the appellant that John F. Evans did not have authority to dispose of…
2Cases cited3 opinions
- Morris v. TillsonIllinois Supreme Court · 1876
- Boylston v. BainIllinois Supreme Court · 1878
- Welsch v. WerschemIllinois Supreme Court · 1879