Peters v. Elliott
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. George W. Pleasants, Judge, presiding. This was a suit in replevin, brought by Peters, Fuhlhage & Co., to recover the possession of 200 barrels of flour. The flour had been levied upon and taken out of the hands of the Chicago, Burlington and Q.uincy Railroad Company by a constable, as the property of Cannon & Van Liew, under four several writs of attachment issued against them.
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Appeal from the Circuit Court of Mercer county; the Hon. George W. Pleasants, Judge, presiding. This was a suit in replevin, brought by Peters, Fuhlhage & Co., to recover the possession of 200 barrels of flour. The flour had been levied upon and taken out of the hands of the Chicago, Burlington and Q.uincy Railroad Company by a constable, as the property of Cannon & Van Liew, under four several writs of attachment issued against them. The defendants in the suit are, the constable, in whose possession under the levy the flour was, and the plaintiffs in the attachment suits. The controversy was…
1Opinion of the CourtJustice Sheldon
It is admitted by the counsel for the appellees, that, ordinarily, a sale, mortgage or pledge of property in the course of transportation, may be legally made, and the title passed by the delivery of the shipping bill. But it is contended that the rule, being received in its full force, does not, under the circumstances of this case, aid the claim of right to this property which is.here asserted on the part of the plaintiffs.
It is first claimed that no right to the flour could pass by the delivery of the shipping receipt, because of the provision in it, that it was not transferable.
It is…
2Cases cited4 opinions
- Gibson v. StevensSupreme Court of the United States · 1850
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- First National Bank v. CrockerMassachusetts Supreme Judicial Court · 1872
- Schweizer v. TracyIllinois Supreme Court · 1875
3Cited by6 opinions
- Idaho Sheep Co. v. Oregon Short Line RailroadAppellate Court of Illinois · 1914
- Merchants' Exch. Bank v. McGrawCourt of Appeals for the Ninth Circuit · 1894
- Roland M. Baker Co. v. BrownMassachusetts Supreme Judicial Court · 1913
- Lewis v. Springville Banking Co.Appellate Court of Illinois · 1896
- Thomas v. First National BankAppellate Court of Illinois · 1896
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