Legal Opinion

Reed v. Bradley

Illinois Supreme Court

Decided June 15, 1856PublishedCited by 6 opinions

The action below, was replevin. The declaration contains one count, charging that the defendants took from the plaintiff several articles connected with a telegraph office, and all the polls and wires in the county of Cook, and attached to the office, known as the Southern Michigan Telegraph Company, in the city of Chicago, of which the plaintiff was entitled to the possession. To this action the defendants filed two pleas. 1st plea, that they did not take the said property.

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The action below, was replevin. The declaration contains one count, charging that the defendants took from the plaintiff several articles connected with a telegraph office, and all the polls and wires in the county of Cook, and attached to the office, known as the Southern Michigan Telegraph Company, in the city of Chicago, of which the plaintiff was entitled to the possession. To this action the defendants filed two pleas. 1st plea, that they did not take the said property. Issue joined thereon. 2nd plea, that Bradley was sheriff, and defendant, Norton, was his deputy, and are lawfully…

1Opinion of the Court

Scates, 0. J.

The charter of the Southern Michigan Telegraph Company, fully authorizes them, as we think, to make the several mortgages relied on by the plaintiff, as showing property and a right of possession in him. If the exigency of their affairs, and the interests of the company demanded that these incumbrances should be made, and of this they must be allowed to judge, and not a stranger, we should not feel warranted in setting aside a fair contract, with which both parties were content, although it be at the instance of a creditor, unless such creditor can show that his rights are…

2Cited by6 opinions

  1. Lamb v. CecilWest Virginia Supreme Court · 1884
  2. Bishop v. BurkeMassachusetts Supreme Judicial Court · 1910
  3. Joliet Electric Light & Power Co. v. IngallsAppellate Court of Illinois · 1887
  4. Hutchinson v. BambasIllinois Supreme Court · 1911
  5. First National Bank of Michigan City v. HaskellAppellate Court of Illinois · 1887

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