Hanchett v. First National Bank
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case, brought by the First National Bank of Chicago against Seth F. Hanchett, Sheriff of Cook County, to recover damages for negligence in the execution of a writ of attachment.
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Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was an action on the case, brought by the First National Bank of Chicago against Seth F. Hanchett, Sheriff of Cook County, to recover damages for negligence in the execution of a writ of attachment. The declaration consists of three counts. -Each count alleges the issuing of a writ of attachment from the Superior Court at the suit of the First National Bank of Chicago, against the goods, chattels, lands and tenements of the Garden City Warehouse Company, a corporation located and doing business in…
1Opinion of the CourtBailey, J.
We are of opinion that the goods stored by third parties in the warehouse of the Garden City Warehouse Company were not subject to attachment for the debts of the warehouse company. Said company, it is true, had a lien on said goods for storage, but that was a mere personal lien and was nothing more ilian a right to retain possession of said goods until its charges for storage should be paid or tendered. Chase v. Westmore, 5 Maule Selwyn, 180; Jackson v. Cummins, 5 Mees. & Wels. 342; Kirkman v. Shawcross, 6 Durnf. & East, 14. Such lien is not a conventional but a common lien, and is of the…
2Cases cited8 opinions
- Bigelow v. HeatonNew York Supreme Court · 1847
- Chandler v. BeldenNew York Supreme Court · 1820
- Fox v. McGregorNew York Supreme Court · 1851
- Low v. MartinIllinois Supreme Court · 1857
- Bailey v. QuintSupreme Court of Vermont · 1850
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