St. Louis Iron & Machine Works v. Kimball
Appellate Court of Illinois
Memorandum.—Trover. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burroughs, Judge, presiding. Heard in this court at the February term, 1894, and affirmed. Statement of the Case. Appellant sold and delivered to the Hewbern Press Brick Co., of Kewbern, Jersey Co., Ill., certain machinery and appliances for making brick.
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Memorandum.—Trover. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Burroughs, Judge, presiding. Heard in this court at the February term, 1894, and affirmed. Statement of the Case. Appellant sold and delivered to the Hewbern Press Brick Co., of Kewbern, Jersey Co., Ill., certain machinery and appliances for making brick. The agreement for the sale and purchase made between the parties was in writing, executed February 10, 1891, acknowledged June 20, 1891, before a notary public in St. Louis, Mo., by the president of appellant, and recorded June 24, 1891, on page 459,…
1Opinion of the CourtJustice Green
The written contract of sale is relied on by appellant, and this suit, based thereon, can not be maintained unless by the contract a lawful lien is created upon the property sold, to secure the unpaid purchase money, or unless the sale is held to be conditional and not absolute. The title to personal property vests immediately in the vendee, upon its sale and delivery to him, and under the law of this State a lien upon personal property, to secure unpaid purchase money, can be preserved as against creditors of the purchaser, in one of two ways only, viz.: By the vendor retaining possession of…
2Cases cited8 opinions
- Murch v. WrightIllinois Supreme Court · 1868
- Chickering v. BastressIllinois Supreme Court · 1889
- Reichwald v. Commercial Hotel Co.Illinois Supreme Court · 1883
- Lonergan v. StewartIllinois Supreme Court · 1870
- Brundage v. CampIllinois Supreme Court · 1859
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3Cited by3 opinions
- Westphal v. SipeAppellate Court of Illinois · 1896
- John Deere Plow Co. v. CarmerAppellate Court of Illinois · 1931
- Walkau v. Manitowoc Seating Co.Appellate Court of Illinois · 1902