Legal Opinion

Canadian Bank of Commerce v. McCrea

Illinois Supreme Court

Decided November 20, 1882PublishedCited by 25 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. On Monday, the 20th of September, 1880, appellees sold to H. C. Ranney & Co., upon the board of trade of Chicago, 1737 bushels of No. 2 spring wheat, for $1616.02, cash.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. On Monday, the 20th of September, 1880, appellees sold to H. C. Ranney & Co., upon the board of trade of Chicago, 1737 bushels of No. 2 spring wheat, for $1616.02, cash. Delivery of the wheat was made by means of three warehouse receipts issued to appellees, and by them indorsed, calling, respectively, for 488, 864 and 385 bushels of No. 2 spring wheat. The receipts were all in substantially the same form as that for the 488…

1Opinion of the CourtJustice Scholfield

The question is presented by the ruling of the circuit court in the giving and refusing of instructions, whether warehouse receipts are placed on the same • footing, as respects the title vested in the assignee in case of assignment, as bills of exchange and promissory notes; and this is the question most elaborated by counsel in argument, and the first in order for consideration.

The contention of counsel for appellant is, the language of our statute in relation to negotiable instruments, (Hurd’s Stat. 1881, chap. 114, sec. 142,) comprehends warehouse receipts. They admit that this court, in…

2Cases cited8 opinions

  1. Burton v. CuryeaIllinois Supreme Court · 1866
  2. Husband v. EplingIllinois Supreme Court · 1876
  3. Mathews v. CowanIllinois Supreme Court · 1871
  4. Kelley v. HemmingwayIllinois Supreme Court · 1852
  5. Wrought Iron Bridge Co. v. Commissioners of HighwaysIllinois Supreme Court · 1881

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3Cited by25 opinions

  1. Ames v. MoirIllinois Supreme Court · 1889
  2. Chicago Trust & Savings Bank v. Chicago Title & Trust Co.Illinois Supreme Court · 1901
  3. People's State Bank v. BrownSupreme Court of Kansas · 1909
  4. Shirk v. PeopleIllinois Supreme Court · 1887
  5. Manufacturers' Mercantile Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1915

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