Charles v. Lasher
Appellate Court of Illinois
Appeal from Circuit Court of Cook county; the Hon. Ejek Hawes, Judge, presiding. This was replevin by appellee against appellant for a piano. It appeared from the evidence that in February, 1883, Lasher went to the salesroom of the Chicago Piano Storage Co. to advance money on a mortgage which he was taking on a piano being sold by said company to a Mrs. M. E. Potter.
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Appeal from Circuit Court of Cook county; the Hon. Ejek Hawes, Judge, presiding. This was replevin by appellee against appellant for a piano. It appeared from the evidence that in February, 1883, Lasher went to the salesroom of the Chicago Piano Storage Co. to advance money on a mortgage which he was taking on a piano being sold by said company to a Mrs. M. E. Potter. Lasher testified, on the trial, as follows: “Was present at the sale and saw and heard the storage company sell to Mrs. Potter, the piano. After the bargain was made Mrs. Potter made chattel mortgage and notes and gave them to…
1Opinion of the CourtMoran, J.
As between vendor and purchaser, and as against strangers and trespassers, the title to personal property passes by sale without delivery; but as against subsequent purchasers, attaching creditors, mortgagees and others in like relation, to render a sale valid, there must be a delivery of the property, either actual or constructive.
In this case there is no pretense of constructive delivery, and while it is plain that there was a sale of the piano from the storage company to Mrs. Potter, and that the same was paid for by her, it is very doubtful whether the evidence introduced proves an actual…
2Cases cited5 opinions
- White v. MurtlandIllinois Supreme Court · 1874
- Bradford v. MarburySupreme Court of Alabama · 1847
- Magruder v. GageCourt of Appeals of Maryland · 1870
- John F. Comstock & Co. v. AffœlterSupreme Court of Missouri · 1872
- Wallard v. WorthmanIllinois Supreme Court · 1877
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