Bastress v. Chickering
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was replevin in the cepit and detinet, brought February 7, 1883, by appellees, Chickering & Sons, against Pelton, Pomeroy & Cross, and also against appellant Bastress, an execution creditor of the latter, and Hanchett, the sheriff, for seventeen Chickering pianos. Pelton, Pomeroy & Cross, making no defense, were defaulted.
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Appeal from the Superior Court of Cook county; the Hon. Elliott Anthony, Judge, presiding. This was replevin in the cepit and detinet, brought February 7, 1883, by appellees, Chickering & Sons, against Pelton, Pomeroy & Cross, and also against appellant Bastress, an execution creditor of the latter, and Hanchett, the sheriff, for seventeen Chickering pianos. Pelton, Pomeroy & Cross, making no defense, were defaulted. Bastress, the execution creditor, and Hanchett, the sheriff, pleaded the general issue: Property in Pelton, Pomeroy & Cross, and Hanchett, a special plea of justification as…
1Opinion of the CourtMcAllister, J.
Whether or not there was actual fraud on the part of the Chickerings, plaintiffs below, and Cross, in entering into the agreement in cpiestion, was a question of fact for the jury, and which they have negatived by their verdict.
But the question as to what was the real object or purpose of the parties to that agreement, whether it was designed to cover a sale of the pianos from the Chickerings to Pelton, Pomeroy & Cross, and under the label or device of a consignment for sale, to preserve in the vendors a lien upon the goods, or whether it constituted a contract of bailment, were questions to…
2Cases cited6 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Murch v. WrightIllinois Supreme Court · 1868
- Richardson v. OlmsteadIllinois Supreme Court · 1874
- Ketchum v. WatsonIllinois Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Bank v. GoodyearSupreme Court of Georgia · 1893
- Boehm v. GriebenowAppellate Court of Illinois · 1898
- Rosencranz & Weber Co. v. HanchettAppellate Court of Illinois · 1889
- Hadfield v. BerryAppellate Court of Illinois · 1888
- St. Louis Iron & Machine Works v. KimballAppellate Court of Illinois · 1894
4 more not listed; retrieve them via the Exa API.