Magerstadt v. Harder
Appellate Court of Illinois
Debt, upon a replevin bond. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the October term, 1900. This suit was begun in debt upon a replevin bond. One Francis Place, being the owner of certain chattels, mortgaged them to Gustav Cramer to secure an indebtedness evidenced by promissory note of Place.
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Debt, upon a replevin bond. Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the October term, 1900. This suit was begun in debt upon a replevin bond. One Francis Place, being the owner of certain chattels, mortgaged them to Gustav Cramer to secure an indebtedness evidenced by promissory note of Place. Afterward, Place executed a bill of sale to one Stevens, conveying the same property, and it is recited in the bill of sale that it is made subject to the mortgage to Cramer. At the time of executing the bill of sale Place and…
1Opinion of the CourtJustice Sears
It is contended by counsel for appellant that it was error to admit evidence as to ownership of the chattels replevied in a suit upon the replevin bond, after the defendant in such suit had been defaulted, and there remained only an inquiry as to the damage.
There is a diversity of decision upon the question as to whether, in an action upon a replevin bond, the obligor may show by way of reduction of damages that the ownership of the property is in himself, and not in the one who, as a defendant in the replevin suit, has prevailed, and obtained an award of a retorno. It seems, however, by the…
2Cases cited9 opinions
- Sumner v. MckeeIllinois Supreme Court · 1878
- Arnold v. StockIllinois Supreme Court · 1876
- Wallace v. ClarkIndiana Supreme Court · 1844
- Warner v. MatthewsIllinois Supreme Court · 1856
- Sondheimer v. GraeserIllinois Supreme Court · 1898
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3Cited by2 opinions
- Cassell v. DeisherSupreme Court of Colorado · 1907
- Keelin v. Postlewait Co.Appellate Court of Illinois · 1912