Straus v. Minzesheimer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was a suit in trespass, brought by appellee, Minzesheimer, against appellants, to recover damages for the taking of 10,700 cigars, to which Minzesheimer claimed title under a purchase from one Regina Blumenthal, the cigars having been levied upon and sold by appellant Avars, a deputy sheriff, under a writ of attachment in favor of appellants Strauss and Sawyer, against Regina…
Read the full summary
Appeal from the Circuit Court of Cook county; the Hon. Lambert Tree, Judge, presiding. This was a suit in trespass, brought by appellee, Minzesheimer, against appellants, to recover damages for the taking of 10,700 cigars, to which Minzesheimer claimed title under a purchase from one Regina Blumenthal, the cigars having been levied upon and sold by appellant Avars, a deputy sheriff, under a writ of attachment in favor of appellants Strauss and Sawyer, against Regina Blumenthal and one Schloss, her partner. The record shows the following facts : In 1872, Minzesheimer was in partnership with…
1Opinion of the CourtJustice Sheldon
It is assigned for error, that the verdict is unsupported by the evidence, and that the court erred in giving and refusing instructions.
It is claimed that the alleged sale of the cigars to Minzesheimer was invalid, as being fraudulent as against creditors.
We are entirely satisfied with the correctness of the finding of the jury in this respect. We do not see how they could, under the evidence, have found otherwise.
The sale is further claimed to be invalid, because there was no delivery of the cigars to Minzesheimer, and no change of possession.'
This is the chief point of controversy.
We think…
2Cases cited1 opinion
- Shelton v. FranklinIllinois Supreme Court · 1873
3Cited by8 opinions
- Byles v. ColierMichigan Supreme Court · 1884
- H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
- Vaughn v. OwensAppellate Court of Illinois · 1886
- Bass v. PeaseAppellate Court of Illinois · 1898
- O'Keefe v. LeistikowNorth Dakota Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.