Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.
Appellate Court of Illinois
Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. [[Image here]]
1Opinion of the CourtJustice Waterman
It is urged that there was not only a sale of the cattle to Bussell, but a delivery also, and that consequently the property in the cattle passed to Bussell, and plaintiffs can not maintain this suit.
The delivery was by an order upon the appellant, the bailee in whose custody the cattle were, to deliver them to Bussell; this order was handed to Fleischman, who was Bus-sell’s agent to buy and ship.
This we think would be a good delivery. Taxworth v. Moore, 9 Pick. 347; Carter v. Willard, 19 Pick. 1; Burton v. Curvea, 40 Ill. 320; Weber v. Granger, 78 Ill. 230.
It appears that Fleischman, upon…
2Cases cited8 opinions
- Burton v. CuryeaIllinois Supreme Court · 1866
- Fletcher v. ColeSupreme Court of Vermont · 1850
- Alden v. ThurberMassachusetts Supreme Judicial Court · 1889
- Fine v. RogersSupreme Court of Missouri · 1851
- Webster v. GrangerIllinois Supreme Court · 1875
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