Legal Opinion

Peoria Mfg. Co. v. Lyons

Appellate Court of Illinois

Decided April 28, 1894PublishedCited by 3 opinions

Memorandum.—Debt on replevin bond in the Circuit Court of Cass County; the Hon. Lyman Lacey, Judge, presiding. Trial by court, finding for plaintiff; debt, §3.000; damages, $191,36; defendant appeals. Heard hr this court at the November term, 1893, and affirmed.

1Opinion of the Court

Mr. Presiding Justice Boggs

delivered the opinion of the Court.

Whether the agreement was a consignment of goods for sale upon commission, or a sale of the goods, is the only question arising upon the record. In form and according to the designation given it by the parties, the' agreement was for the consignment of goods for sale. . But we are concerned as to its real character, which is to be determined from considerations apart from its mere form, or the name applied to it, or to any act to be done under it. The purpose and intent of the parties and the legal effect as to third parties of…

2Cases cited1 opinion

  1. Chickering v. BastressIllinois Supreme Court · 1889

3Cited by3 opinions

  1. W. O. Dean Co. v. LombardAppellate Court of Illinois · 1895
  2. Brown v. John Church Co.Appellate Court of Illinois · 1894
  3. Pease v. Rand & Leopold Desk Co.Appellate Court of Illinois · 1902

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