Barchard v. Kohn
Illinois Supreme Court
Appeal from tlie Appellate Court for the First District; — heard in that court on appeal from, the Circuit Court of Cook county; the Hon. Samuel P. McConnell, Judge, presiding.
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Appeal from tlie Appellate Court for the First District; — heard in that court on appeal from, the Circuit Court of Cook county; the Hon. Samuel P. McConnell, Judge, presiding. This is an action of trespass, begun on April 14, 1891, by appellee against appellant Borrmann, a dry goods merchant, and appellant, Barchard, a constable, for the alleged unlawful taking and carrying away of a stock of goods claimed to be the property of appellee, and entering for that purpose into the store No. 931 West Eighteenth street in Chicago on April 13,1891, where the goods were then located. Three pleas were…
1Opinion of the CourtJustice Magruder
The question in the case is, whether the appellant, Borrmann, mortgagee in the chattel mortgage, had a right to take possession under his mortgage of the goods set off as exempt to William Kohn, the judgment debtor and mortgagor, or whether, by taking judgment upon the notes secured by the mortgage and levying the execution issued thereon upon the mortgaged property and allowing a part of the proceeds of the sale made under the executions to be applied upon the judgment, he thereby waived his right to proceed under his mortgage against the portion of the mortgaged property not sold under the…
2Cases cited16 opinions
- Evans v. WarrenMassachusetts Supreme Judicial Court · 1877
- Fish v. GloverIllinois Supreme Court · 1894
- Sumner v. MckeeIllinois Supreme Court · 1878
- Dyckman v. SevatsonSupreme Court of Minnesota · 1888
- Byram v. StoutIndiana Supreme Court · 1891
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3Cited by30 opinions
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- Knapp, Stout & Co. v. McCaffreySupreme Court of the United States · 1900
- First National Bank v. FlynnSupreme Court of Minnesota · 1933
- Bank Calumet v. Whiters (In Re Whiters)United States Bankruptcy Court, N.D. Indiana · 2006
- Madson v. RuttenNorth Dakota Supreme Court · 1907
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