Butters v. Haughwout
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. A sufficient statement of the case will be found in the opinion of the court.
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Writ of Error to the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. A sufficient statement of the case will be found in the opinion of the court. The principle question presented in the case is, whether a pre-existing debt, in payment of which a party in possession of goods sold and delivered them to his creditor, is a sufficient consideration to protect such purchaser against the claims of a former owner from whom the intermediate holder purchased the goods by means of fraudulent representations, the last purchaser having no notice of the fraud of his vendor in…
1Opinion of the CourtJustice Breese
This was an action of replevin, brought in the Cook Circuit Court by E. V. Haughwout and others, crockery and china ware merchants in the city of Hew York, against William A. Butters, an auctioneer in Chicago. The defendant is not a real party to the controversy.' He stands in the attitude of a mere stakeholder. James Duncan, of the dry-goods house of Ubsdell, Pearson & Co. of St. Louis, is the real defendant, who had sent the goods in controversy, with some others of his own, to Butters to be sold. After the action of replevin was commenced, it was agreed between the agent of the plaintiffs…
2Cases cited3 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Brundage v. CampIllinois Supreme Court · 1859
- Manning v. McClureIllinois Supreme Court · 1865
3Cited by35 opinions
- Michigan Central Railroad v. PhillipsIllinois Supreme Court · 1871
- Barnard v. . CampbellNew York Court of Appeals · 1874
- Farwell v. HanchettIllinois Supreme Court · 1887
- Zollman v. Jackson Trust & Savings BankIllinois Supreme Court · 1909
- Sutton v. FordSupreme Court of Georgia · 1916
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