Stow v. Yarwood
Illinois Supreme Court
This was an action commenced in the Cook County Circuit Court, Manniere, Judge, by Yarwood and others against Stow. The evidence in the case shows the following facts; In 1839, the plaintiffs below bought a steam engine of one Allen, which was at the time at Stow’s foundry, and contracted with Stow to repair it.
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This was an action commenced in the Cook County Circuit Court, Manniere, Judge, by Yarwood and others against Stow. The evidence in the case shows the following facts; In 1839, the plaintiffs below bought a steam engine of one Allen, which was at the time at Stow’s foundry, and contracted with Stow to repair it. Stow repaired the engine and a portion of it was delivered to plaintiffs below, but again taken away by Stow and part replevied back by plaintiffs, Stow always retaining portions of the engine in his own possession, which he converted to his own use. Stow made an assignment in…
1Opinion of the CourtCaton, C. J.
This case has been here before, and is reported in 14 Ill. R. 424. The' facts are substantially now as there stated, except that it now appears, that after the cause for which this action was brought, and the claim which we then decided might be set up in recoupment of the damages, had accrued, Stow, who offers to recoup his claim for work done on the engine, in reduction of the damages to which Tarwood is entitled for the conversion, has made an assignment in bankruptcy, under the general bankrupt law, and obtained his discharge. This, the court below held, transferred Stow’s claim for…
2Cited by2 opinions
- O'Hara v. JonesIllinois Supreme Court · 1867
- Hardin v. OsborneIllinois Supreme Court · 1880