Bailey v. Godfrey
Illinois Supreme Court
Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was an action of trover, brought by Bailey against Godfrey and Charters.
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Appeal from the Circuit Court of Lee county; the Hon. W. W. Heaton, Judge, presiding. This was an action of trover, brought by Bailey against Godfrey and Charters. The title of the plaintiff to the property in controversy, was derived under a chattel mortgage, executed to him by Charles F. Green, on the twenty-sixth of April, 1869. The mortgage stipulated that Green was to retain possession of the property until the day of payment, and contained a proviso, as follows; “And, provided also, that if default in payment as aforesaid by said party of first part shall be made, or if said party of…
1Opinion of the CourtJustice Scott
The questions presented by this record may all be considered on the errors assigned, that question the rulings of "the court in giving, modifying and refusing instructions at the trial.
The appellant seeks to recover of the appellees, for the price and value of a certain lot of wool, sold by one Charles Green to the appellees, for which they paid him the full market price, which, it is alleged, belonged to the appellant, and which the appellees converted to their own use.
The action was brought in replevin, but the property not being found, a count was added in trover.
The appellant claims title…
2Cases cited5 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Fox v. KittonIllinois Supreme Court · 1858
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Bullock v. NarrottIllinois Supreme Court · 1868
- Ward v. HenryWisconsin Supreme Court · 1862
3Cited by17 opinions
- Chicago, Burlington & Quincy R. R. v. LeeIllinois Supreme Court · 1873
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Roy v. GoingsIllinois Supreme Court · 1880
- Keller v. Robinson & Co.Illinois Supreme Court · 1894
- Werner v. BergmanSupreme Court of Kansas · 1882
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