Rosencranz & Weber Co. v. Hanchett
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Julius S. Gkinnell, Judge, presiding. Appellee Hanchett, as sheriff, levied an execution placed in his hands by the appellees, Bryant & Sproelmle, upon certain jewelry which was found in the possession of Shute, the defendant in the execution, in his jewelry store in South Chicago. Appellants replevied the goods, claiming them as their goods which they had placed in Shnte’s hands to sell for them as their agent.
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Appeal from the Superior Court of Cook County; the Hon. Julius S. Gkinnell, Judge, presiding. Appellee Hanchett, as sheriff, levied an execution placed in his hands by the appellees, Bryant & Sproelmle, upon certain jewelry which was found in the possession of Shute, the defendant in the execution, in his jewelry store in South Chicago. Appellants replevied the goods, claiming them as their goods which they had placed in Shnte’s hands to sell for them as their agent. The trial was before the court without a jury, and the finding was against appellants. There was no conflict of evidence as to…
1Opinion of the CourtMoran, P. J.
There is no evidence of actual fraud in this case, and the only question is, therefore, whether the arrangement testified to by the witnesses Weber and Shute was fraudulent in law as being a clothing of Shute with the ostensible ownership of the goods while the company attempted to retain the real ownership in them. If it was such, then the title to the goods passed to Shute, so as to be liable to levy and sale under an execution against- him. So if the arrangement was in fact but a scheme or artifice to sell the goods to Shute, under the form of a consignment or bailment, it would, as to his…
2Cases cited3 opinions
- M'Cullough v. PorterSupreme Court of Pennsylvania · 1842
- Bastress v. ChickeringAppellate Court of Illinois · 1886
- Shloss v. CooperSupreme Court of Vermont · 1855
3Cited by5 opinions
- In re Columbus Buggy Co.Court of Appeals for the Eighth Circuit · 1906
- Holbert v. KellerSupreme Court of Iowa · 1913
- Boehm v. GriebenowAppellate Court of Illinois · 1898
- Gilbert v. Forest City Furniture Co.Appellate Court of Illinois · 1897
- Lee v. StateCourt of Criminal Appeals of Texas · 1916