Garrett v. John V. Farwell Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. The appellant, on Saturday, the 10th day of December, 1898, exchanged a farm of 280 acres, located in the State of Indiana, for a stock of merchandise belonging to Day & Co. of Chicago, situated in a store building located at 312-314 West Sixty-third street, in said city..
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. The appellant, on Saturday, the 10th day of December, 1898, exchanged a farm of 280 acres, located in the State of Indiana, for a stock of merchandise belonging to Day & Co. of Chicago, situated in a store building located at 312-314 West Sixty-third street, in said city.. Appellant took possession of the stock on the evening of said day, and on the following Monday morning commenced packing the same prior to its removal to…
1Opinion of the CourtJustice Hand
The important question presented in this case for our decision is, did the trial court err in instructing the jury to find for the appellee? That the appellant exchanged his farm to Day & Co. for said stock of merchandise in the utmost good faith, without notice of the chattel mortgage of appellee, and that he was in possession of the stock of merchandise at the time it was seized by appellee, cannot be questioned upon the evidence in this record. Neither can it be gainsaid that the chattel mortgage of appellee, as to appellant, was void at the time of the seizure of the stock of merchandise…
2Cases cited16 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Thompson v. HowardMichigan Supreme Court · 1875
- Bunch v. GraveIndiana Supreme Court · 1887
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- In re Van NormanSupreme Court of Minnesota · 1889
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3Cited by18 opinions
- Norwood v. McDonaldOhio Supreme Court · 1943
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- Rotogravure Service, Inc. v. R. W. Borrowdale Co.Appellate Court of Illinois · 1979
- Chicago Title & Trust Co. v. De LasauxIllinois Supreme Court · 1929
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
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