Legal Opinion

Whithed v. J. Walter Thompson Co.

Appellate Court of Illinois

Decided December 5, 1899Published

Bill of Interpleader.—Appeal from the Circuit Court of Cook County; the Hon. Edmund W. Burke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1898.

1Opinion of the CourtJustice Freeman

There is no dispute as to the material facts. It is said by appellee’s counsel that prior to the levy appellant had renounced all claim to the goods. But the demand upon the Warehouse Company by appellant, and the threat that unless the property was delivered to him he would hold the Warehouse Company for conversion thereof, will not admit of any such construction.

We can not agree with appellee’s counsel that the delivery of the bill of lading to appellant with the other assets pursuant to the deed of assignment, did not operate as a transfer of the assignor’s interest in the property therein…

2Cases cited13 opinions

  1. Union Trust Co. v. TrumbullIllinois Supreme Court · 1891
  2. Vanderpoel v. . GormanNew York Court of Appeals · 1894
  3. Hanchett v. WaterburyIllinois Supreme Court · 1885
  4. Juilliard v. MayIllinois Supreme Court · 1889
  5. Heyer v. AlexanderIllinois Supreme Court · 1884

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