Legal Opinion

Stoddard v. Gilbert

Illinois Supreme Court

Decided June 13, 1896PublishedCited by 1 opinion

Writ of Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding.

1Opinion of the CourtJustice Cartwright

This is an action of replevin, brought by plaintiff in error in the circuit court of Cook county. Plaintiff filed the common declaration in replevin, to which the defendants interposed seven pleas. The questions in the case turn upon the replication to the fifth plea and the demurrers to this replication.

The fifth plea set forth a voluntary assignment by David A. Titcomb and E. S. Pratt, partners, under the firm name of Titcomb & Pratt, for the benefit of their creditors; the recovery by the defendant the Commercial National Bank of a judgment against Titcomb & Pratt, and a discontinuance of…

2Cases cited3 opinions

  1. Howe v. WarrenIllinois Supreme Court · 1894
  2. Strodtmann v. County of MenardIllinois Supreme Court · 1895
  3. Terhune v. KeanIllinois Supreme Court · 1895

3Cited by1 opinion

  1. Commercial National Bank v. StoddardAppellate Court of Illinois · 1897

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