Legal Opinion

Burton v. Curyea

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 22 opinions

Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of replevin brought in the court below, by George Curyea against Horace Burton.

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Appeal from the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. This was an action of replevin brought in the court below, by George Curyea against Horace Burton. The following is the affidavit filed as the basis of the action: “ George Curyea, being duly sworn, says on oath, that he is lawfully entitled to the possession of five hundred barrels of prime mess pork, for which he brings suit in replevin against Horace Burton, and which is about to be replevied, and which said pork is wrongfully detained from this deponent by the said Horace Burton. And this deponent…

1Opinion of the CourtJustice Lawrence

This was an action of replevin brought by Curyea against Burton to recover five hundred barrels of pork. The facts were as follows: Daggett & Whiteside were pork-packers in the city of Chicago, and about the 1st of January, 1865, sold to Curyea five hundred barrels, and delivered to him five warehouse receipts of Burton, the appellant, who had the pork on storage in his warehouse. By the terms of the receipts the pork was deliverable to the order thereon of Daggett & White-side, upon the surrender of the receipts and the payment of charges. The receipts were indorsed in blank by Daggett &…

2Cases cited2 opinions

  1. Dows v. . PerrinNew York Court of Appeals · 1857
  2. Underwood v. HossackIllinois Supreme Court · 1865

3Cited by22 opinions

  1. American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
  2. Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
  3. Fisher v. BullingtonSupreme Court of Louisiana · 1953
  4. Broadwell v. HowardIllinois Supreme Court · 1875
  5. Hale v. Milwaukee Dock Co.Wisconsin Supreme Court · 1872

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