Hale v. Barrett
Illinois Supreme Court
This was an action of trover brought to the January term, I860, of the Superior Court of Chicago, by the appellees against the appellants, to recover the value of a ten-foot engine lathe, with counter shaft and hangers, consigned to James Kendall, and received by Hale & Co., in the regular course of their business as receiving and forwarding merchants, at Chicago, from one of a line of propellers for which they were agents, and held by them for charges, etc.
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This was an action of trover brought to the January term, I860, of the Superior Court of Chicago, by the appellees against the appellants, to recover the value of a ten-foot engine lathe, with counter shaft and hangers, consigned to James Kendall, and received by Hale & Co., in the regular course of their business as receiving and forwarding merchants, at Chicago, from one of a line of propellers for which they were agents, and held by them for charges, etc. The declaration was in the usual form in trover, to which the appellants severally pleaded the general issue. The cause was tried at…
1Opinion of the CourtCaton, C. J.
If the principle laid down by the court in the instructions is correct, that ends the case at once. This lathe, with several other packages, was received by the defendants as warehousemen and agents of the propeller which brought them to Chicago. All were consigned to Kendall by one bill of lading, with a gross charge for all, but they were shipped by two different consignors, the plaintiff in this action having shipped the Ihthe, and another party the other packages. The defendants claimed to hold the lathe for the charges on the whole goods, and refused to deliver it, without payment of the…
2Cited by4 opinions
- Sinamaker v. RoseAppellate Court of Illinois · 1896
- Northern Transportation Co. v. SellickIllinois Supreme Court · 1869
- Whipple v. TuckerAppellate Court of Illinois · 1905
- Madden Bros. v. JacobsWisconsin Supreme Court · 1931