Union Stock Yard & Transit Co. v. Mallory, Son & Zimmerman Co.
Appellate Court of Illinois
Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. [[Image here]]
1DissentJustice Gary
The appellees show that they sold the cattle to Bussell, through Fleischman.
The telegram by Bussell to Fleischman to buy a load of cattle, being accompanied by no funds, was an authority to buy in accordance with the usual course of business, drawing for the price and commission on Bussell, with bill of lading attached. Hunter v. Gordon, 33 Ill. App. 464.
The delivery order given by the appellee to Fleischman upon the appellant, was a symbolical delivery of the property, having the same effect as an actual delivery of the cattle. Burton v. Curyea, 40 Ill. 320; Webster v. Granger, 78 Ill. 230.
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2Cases cited4 opinions
- Burton v. CuryeaIllinois Supreme Court · 1866
- Webster v. GrangerIllinois Supreme Court · 1875
- Hunter v. GordonAppellate Court of Illinois · 1889
- Schilling v. RosenheimAppellate Court of Illinois · 1889