Taylor v. Turner
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. W. W. Faravell, Judge, presiding. This was a bill in chancery, brought by Daniel W. Turner against Charles H. Taylor and E. S. Trotter, to recover the proceeds of the sale of certain wheat sold by Taylor, as a commission merchant; the bill alleging “that he took the same in trust, and holds the proceeds as trustee.
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Appeal from the Circuit Court of Cook county; the Hon. W. W. Faravell, Judge, presiding. This was a bill in chancery, brought by Daniel W. Turner against Charles H. Taylor and E. S. Trotter, to recover the proceeds of the sale of certain wheat sold by Taylor, as a commission merchant; the bill alleging “that he took the same in trust, and holds the proceeds as trustee. On hearing, upon proofs, there Avas a decree of recovery in favor of the complainant, and the defendant Taylor appealed. The proofs show, that on October 11, 1872, at Steamboat Rock, Iowa, Turner sold to Trotter, one of the…
1Opinion of the CourtJustice Sheldon
As to the right of the parties, there would seem to be little room for serious question.
Had Trotter been the absolute owner of the wheat at the time of the shipment, the delivery by him to Turner of the railroad receipts, as security for the payment of the purchase money, would have been a symbolical delivery of the wheat, and have vested in Turner a special property therein, entitling him to the proceeds of the sale of the wheat to the extent required for the payment of the price. Gibson v. Stevens, 8 How. 384; The Bank of Rochester v. Jones, 4 Comst. 497; The Marine Bank of Chicago v.…
2Cases cited5 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- First National Bank of Green Bay v. DearbornMassachusetts Supreme Judicial Court · 1874
- The Marine Bank of Chicago v. . WrightNew York Court of Appeals · 1871
- Doyle v. MurphyIllinois Supreme Court · 1859
3Cited by27 opinions
- Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
- County of Cook v. DavisIllinois Supreme Court · 1892
- Brauer v. LaughlinIllinois Supreme Court · 1908
- Merchants' & Manufacturers' Bank v. HibbardMichigan Supreme Court · 1882
- Farmer v. O'CarrollCourt of Appeals of Maryland · 1932
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