Hacker v. Munroe & Son
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judg'e, presiding. This is a suit in replevin, begun on December 21,1892, by the appellees against the appellants to recover the possession of three boilers, and the smoke-stacks, plates, valves and attachments belonging thereto. The valves and. attachments were not found.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judg'e, presiding. This is a suit in replevin, begun on December 21,1892, by the appellees against the appellants to recover the possession of three boilers, and the smoke-stacks, plates, valves and attachments belonging thereto. The valves and. attachments were not found. There was a count in trover in the declaration to recover the value of the articles not found. The pleas were non cepit, non detinet, property in defendants, and that the…
1Opinion of the CourtJustice Magruder
First—Appellees claim, that the Lewis Steel Sheet and Tin Plate' Company, through its officers, procured the purchase of the, boilers, smoke-stacks, plates and attachments by fraudulent representations, knowing the company to be insolvent, and without any intention of paying for the same. They furthermore contend that, by reason of such fraud, the sale was void, and no title passed to the tin plate company; and that, therefore, they had the right to rescind the sale, and bring replevin for the possession of the property. Accordingly, upon August 19, 1892, written notice was served upon the…
2Cases cited4 opinions
- Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
- Jennings v. GageIllinois Supreme Court · 1852
- Schweizer v. TracyIllinois Supreme Court · 1875
- Patton v. CampbellIllinois Supreme Court · 1873
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- Constad v. BuellCourt of Appeals for the Seventh Circuit · 1913
- Lindstrom v. HouzengaAppellate Court of Illinois · 1988
- Lyon & Healy v. WalldrenAppellate Court of Illinois · 1916
- Morrison v. Austin State BankAppellate Court of Illinois · 1904
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