Legal Opinion

Loomis v. Barker

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 5 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of trover, by Richard P. Barker against William R. Loomis, Chauncey Lewis, and Charles F. Bogue, for the conversion of a span of horses. Bogue not being found, the suit was dismissed as to him. There was a verdict and judgment in favor of the plaintiff for $311.15. The leading facts are stated in the opinion.

1Opinion of the CourtJustice Soholfield

We are unable to discover any error in this record for which this judgment should be reversed.

The proof is sufficiently clear that the horses belonged to appellee, and that, at the time they were taken, they were merely in the possession of Cook as a general agent, who was authorized to sell them for appellee, and required to account to him for the proceeds of their sale. This did not invest Cook with any title to the horses so as to render them liable to be seized on execution or attachment against him, and sold for the payment of his debts.

Although it does not appear that Lewis was actually…

2Cited by5 opinions

  1. McMurray v. BasnettSupreme Court of Florida · 1882
  2. W. P. Nicholls v. MapesCalifornia Court of Appeal · 1905
  3. Colorado Soap Co. v. BurnsColorado Court of Appeals · 1892
  4. Colorado Soap Co. v. BurnsColorado Court of Appeals · 1892
  5. Kraft v. GreenoughAppellate Court of Illinois · 1912

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