Fuller v. Paige
Illinois Supreme Court
^ This was an action of trespass, commenced by Fuller against Paige, in Aurora Common Pleas Court, and taken, by change of venue, to the Kane Circuit Court. The declaration was in trespass in the usual form, for taking and carrying away goods and chattels of the plaintiff, consisting of a lot of drugs and medicines. There was a trial by jury, and a verdict for the defendant. One Myers mortgaged the goods in controversy to Paige, Myers attending the store as a clerk.
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^ This was an action of trespass, commenced by Fuller against Paige, in Aurora Common Pleas Court, and taken, by change of venue, to the Kane Circuit Court. The declaration was in trespass in the usual form, for taking and carrying away goods and chattels of the plaintiff, consisting of a lot of drugs and medicines. There was a trial by jury, and a verdict for the defendant. One Myers mortgaged the goods in controversy to Paige, Myers attending the store as a clerk. Myers sold the goods to Fuller, who was fully informed of the mortgage from Myers to Paige. Fuller stated that he knew of the…
1Opinion of the CourtBreese, J.
In this case the court below instructed the jury, in substance, that if the appellant, then plaintiff, purchased the goods described in the declaration, with a full knowledge of the mortgage to the defendant, and with the intent to cheat and defraud him of his lien, the sale was void, as to the mortgagee.
This we hold to be the law. The mortgage was good, as against Myers, the mortgagor, without being recorded. If then, the appellant purchased the goods of Myers with the knowledge of the mortgage, and for the purpose and with the intent to enable Myers to put the money in his own pocket, and…
2Cited by10 opinions
- Emery v. BradfordCalifornia Supreme Court · 1865
- Ayre v. HixsonOregon Supreme Court · 1908
- Westheimer v. GoodkindMontana Supreme Court · 1900
- Tootle v. BuckinghamSupreme Court of Missouri · 1905
- Barchard v. KohnAppellate Court of Illinois · 1894
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