Legal Opinion

Brown v. John Church Co.

Appellate Court of Illinois

Decided October 29, 1894PublishedCited by 2 opinions

Memorandum.—Proceedings under the act providing for assignments for the benefit of creditors. Appeal from an order of the County Court of Sangamon County; the Hon George W. Murray, Judge, presiding. Heard in this court at the May term, 1894, and affirmed.

1Opinion of the CourtJustice Boggs

The appellants insist that the real transaction between The John Church Co. and Chatterton was a sale of the pianos, and that the written contract entered into between them, though in form a consignment of the pianos for sale, was intended to cover a sale and preserve a lien in favor of the vendor, for the purchase price of the instruments. Appellants do not contend that there is proof in the record, outside of the written instrument, from which the transaction should be deemed a sale, but rest their contention alone upon the construction of the agreement. The contract, to us, seems to be a…

2Cases cited3 opinions

  1. Murch v. WrightIllinois Supreme Court · 1868
  2. Chickering v. BastressIllinois Supreme Court · 1889
  3. Peoria Mfg. Co. v. LyonsAppellate Court of Illinois · 1894

3Cited by2 opinions

  1. Charles M. Stieff, Inc. v. City of San AntonioTexas Supreme Court · 1938
  2. City of San Antonio v. Chas. M. Stieff, Inc.Court of Appeals of Texas · 1935

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