Constantine v. Foster
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. "William A. Porter, Judge, presiding. This was an action of replevin, brought by Aaron H. Foster, in the Superior Court of Chicago, against Charles W. Constantine, to recover the furniture and lease of the Pacific House, in Chicago. The facts involved appear in the opinion of the court.
1Opinion of the CourtJustice Scott
Under the issues formed in this case, we are of opinion that it was error in the court to refuse to permit the evidence tendered by the appellant, to go to the jury, to prove that at the time the property in question was sold to the appellant the appellee did not own it, and had no right to its possession, and that he had no title whatever to it, but that the absolute ownership was then, and had ever since been, in E. E. Benedict.
The appellee, in his declaration, averred that the appellant “ took the goods and chattels of him, the plaintiff,” to which the appellant filed two pleas: First, non…
2Cases cited7 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Prosser v. WoodwardNew York Supreme Court · 1839
- Noble v. EpperlyIndiana Supreme Court · 1855
- Seibert v. M'HenrySupreme Court of Pennsylvania · 1837
- Gotloff v. HenryIllinois Supreme Court · 1853
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3Cited by11 opinions
- Pease v. DittoIllinois Supreme Court · 1901
- Reynolds v. McCormickIllinois Supreme Court · 1872
- Baldwin v. SmithAppellate Court of Illinois · 1907
- Cook v. City of MarseillesAppellate Court of Illinois · 1908
- Commercial Credit Trust v. LandAppellate Court of Illinois · 1928
6 more not listed; retrieve them via the Exa API.