Hay v. W. W. Kimball Co.
Appellate Court of Illinois
Memorandum.—Replevin in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration, three counts in the usual form with a count in trover.
Read the full summary
Memorandum.—Replevin in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Declaration, three counts in the usual form with a count in trover. Pleas, first, to first count, non cepit; second, to second count, non detinet; third, a further plea to first and second counts, property in defendants; fourth, to third count, not guilty; replication to third plea; property in plaintiff and not in defendants; cause submitted to court for trial without a jury; finding for defendants; appeal by plaintiff. Heard in this court at the October term, 1894, and affirmed.
1Opinion of the CourtJustice Shepard
The undisputed facts in this case are that the appellee corporation sold to Maggie Findlay, on March 30, 1889, a piano under a contract which provided that possession of the property should be taken and retained until default should be made in the payment of $350 in twenty monthly installments, and in case of default happening that the appellee should repossess itself of the piano.
That contract was hot recorded.
The piano was taken possession of by Mrs. Findlay and removed to her residence in the city of Chicago. Subsequently, on October 16, 1890, Mrs. Findlay and her husband executed and…
2Cases cited6 opinions
- Reed v. EamesIllinois Supreme Court · 1858
- Arnold v. StockIllinois Supreme Court · 1876
- Reese v. MitchellIllinois Supreme Court · 1866
- Silvis v. C. Aultman & Co.Illinois Supreme Court · 1892
- Cass v. PerkinsIllinois Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.