Ashland Block Ass'n v. Edward Thompson Co.
Appellate Court of Illinois
Assumpsit, for merchandise sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee brought this suit to recover from appellant the value of a set of the first edition of the American and English Encyclopaedia of Law.
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Assumpsit, for merchandise sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Appellee brought this suit to recover from appellant the value of a set of the first edition of the American and English Encyclopaedia of Law. The books were placed by appellee, the publisher of them, in the possession of one Buell, a lawyer, and they had been bought by appellant upon foreclosure sale of a mortgage made by said Buell. Appellant contends that the transaction by which Buell acquired…
1Opinion of the Court
Hr. Justice Sears
delivered the opinion of the court.
The decisive question presented in this case is as to whether Buell in his transaction Avith appellee became a conditional vendee of the-books or a mere bailee. If Buell Avas a vendee, then the attempt to effect a reservation of title in the vendor, appellee, Avould be ineffectual as against the claim of appellant. For the rule is well settled that a delivery of personal property by an unpaid vendor under a contract of sale passes the title so far that an innocent purchaser from the vendee ivill be protected, irrespective of the terms of the…
2Cases cited6 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Chickering v. BastressIllinois Supreme Court · 1889
- Jennings v. GageIllinois Supreme Court · 1852
- Western Union Cold Storage Co. v. Bankers' National BankIllinois Supreme Court · 1898
- Chicago Dock Co. v. FosterIllinois Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Taylor v. WelshAppellate Court of Illinois · 1907
- Schwartz v. ClarkAppellate Court of Illinois · 1907