Legal Opinion

Knapp, Stout & Co. Co. v. McCaffrey

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 20 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. This was a bill in equity, filed in the circuit court of Mercer county by John McCaffrey, against the Schulenburg & Boeckeler Lumber Company and its assigmees, and Knapp, Stout & Co. Company.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Mercer county; the Hon. John J. Glenn, Judge, presiding. This was a bill in equity, filed in the circuit court of Mercer county by John McCaffrey, against the Schulenburg & Boeckeler Lumber Company and its assigmees, and Knapp, Stout & Co. Company. Said corporations, for brevity, will here be called the Schulenburg company and the Knapp company.' The object of the bill was to establish and enforce a bailee’s lien upon a half raft of lumber at Boston Bay, in Mercer county. The Knapp…

1Per curiam

The opinion of the Appellate Court, as delivered by Mr. Justice Dibell, is, in part, as follows: “The first question is, whether McCaffrey had a lien on the raft for his towing" charges while the raft was in his possession. He had no lien by contract, for that instrument gave him none. A common carrier has, at common law, a specific lien upon the goods carried, for his charges in transporting them, (13 Am. & Eng. Ency. of Law, 580,) and our statute (chap. 141) provides a means for enforcing" it; but the weight of authority is that the owner of a steamboat engaged in the business of towing is…

2Cases cited18 opinions

  1. The Moses TaylorSupreme Court of the United States · 1867
  2. Johnson v. Chicago & Pacific Elevator Co.Supreme Court of the United States · 1886
  3. The Rock Island BridgeSupreme Court of the United States · 1867
  4. Charter v. StevensNew York Supreme Court · 1846
  5. Schmidt v. BloodNew York Supreme Court · 1832

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3Cited by20 opinions

  1. Weiland Tool & Manufacturing Co. v. WhitneyIllinois Supreme Court · 1969
  2. In re Mississippi Valley Livestock, Inc.Court of Appeals for the Seventh Circuit · 2014
  3. Coral Petroleum, Inc. v. Paribas (In Re Coral Petroleum, Inc.)United States Bankruptcy Court, S.D. Texas · 1985
  4. Bull v. MitchellAppellate Court of Illinois · 1983
  5. Kirby v. Chicago City Bank & Trust Co.Appellate Court of Illinois · 1980

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