Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Samuel Fleischman, for a year or two prior to May 14, 1890, was a cattle buyer at the Union Stock Yards in Chicago. He did an extensive business, chiefly in acting as buyer or agent for butchers and cattle dealers who resided outside the city of Chicago.
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Appeal from the Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Samuel Fleischman, for a year or two prior to May 14, 1890, was a cattle buyer at the Union Stock Yards in Chicago. He did an extensive business, chiefly in acting as buyer or agent for butchers and cattle dealers who resided outside the city of Chicago. One of the persons for whom he so acted was Walter Bussell, of Detroit. The business was conducted about as follows: Bussell would notify Fleischman, by letter or wire,…
1Opinion of the CourtJustice Magruder
This is an action of trover, brought by the appellee, Mallory, Son & Zimmerman Company, an incorporated company of live stock commission merchants, doing business at the stock yards in the city of Chicago, against the appellant, the Union Stock Yard and Transit Company, to recover the value of twenty-seven head of cattle, alleged to have been converted by the appellant. In an action of trover, which is a possessory action, the plaintiff must recover upon the strength of his own title and not upon the weakness of his adversary’s title; and he must show not only a tortious conversion of the…
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