Bishop v. American Preservers Co.
Appellate Court of Illinois
Memorandum.—Replevin. In the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding. Declarations for goods wrongfully taken and wrongfully detained, with a count in trover;" pleas, general issue, non detinet, property in defendant, and that the plaintiff is a trust in restraint of trade and can not bring suit to carry out the purposes of such trust; verdict for plaintiff; appeal by defendant. Heard in this court at the October term, 1893, and affirmed.
1Opinion of the CourtJustice Gaey
In July, 1888, the appellant, who was engaged in the manufacture of fruit butters, jellies, preserves and like products, by a bill of sale under seal, conveyed all his stock in trade, fixtures, etc., business and good will of the same, to the appellee, and thereafter for nearly three years continued to carry on the business as before, but on a salary from, and as agent for, the appellee.
In March, 1891, he threw off his allegiance and rebelled, and the appellee replevied what was then on hand.
Many questions are made in the case, but the one of paramount importance is that the appellant claims,…
2Cases cited1 opinion
- United States Vinegar Co. v. SchlegelNew York Supreme Court · 1893
3Cited by1 opinion
- Roberts v. PerrineAppellate Court of Illinois · 1928