Merchants' Savings, Loan & Trust Co. v. Goodrich
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Theodore D. Murphy, Judge, presiding. This was replevin in the detinet, brought by appellee against appellant, in the Superior Court of Cook county. The declaration contains one count in replevin for two certified checks for the payment of $2,500 each, and of the value of $5,000; also a count in trover for similar checks. There was no plea of non detmet, but simply a plea of not guilty to both counts.
Read the full summary
Appeal from the Superior Court of Cook county; the Hon. Theodore D. Murphy, Judge, presiding. This was replevin in the detinet, brought by appellee against appellant, in the Superior Court of Cook county. The declaration contains one count in replevin for two certified checks for the payment of $2,500 each, and of the value of $5,000; also a count in trover for similar checks. There was no plea of non detmet, but simply a plea of not guilty to both counts. Upon trial on that plea, the jury returned a verdict as follows: “ We, the jury, find the defendant guilty, and that the property…
1Opinion of the CourtJustice McAllister
There is no writ contained in the record; but the declaration contains two counts — one in replevin in the detmet, the other in trover. The only subject matter of the action was two certified checks, dated March 22, 1869, for the payment each of the sum of $2,500. The verdict was informal, but in substance, upon the count in replevin, finding the property replevied to be the property of the plaintiff, and assessing plaintiff’s damages at the sum of $6,275. The court below, overruling a motion by defendant to set the verdict aside and grant a new trial, and failing to have it reduced to proper…
2Cases cited2 opinions
- Cooper v. BrewsterSupreme Court of Minnesota · 1852
- Nudd v. BurnettIndiana Supreme Court · 1860
3Cited by5 opinions
- Crichfield v. Bermudez Asphalt Paving Co.Illinois Supreme Court · 1898
- Alley v. McCabeIllinois Supreme Court · 1893
- South Carolina Cotton Growers' Co-Op. Ass'n v. WeilSupreme Court of Alabama · 1929
- Sleppy v. Bank of CommerceUnited States Circuit Court · 1882
- Specht v. BeindorfNebraska Supreme Court · 1898