Northrop v. First National Bank
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. In the latter part of 1885 or the early part of 1886, appellants, dealers in hides, tallow, etc., at 131 and 133 East Kinzie Street, Chicago, sold to James Smibert 227 hides and received from him payment therefor. The purchaser not wishing to remove the hides at that time, it was arranged that they should remain at appellants’ above named place of business a few days.
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Appeal from the Superior Court of Cook County; the Hon. Elliott Anthony, Judge, presiding. In the latter part of 1885 or the early part of 1886, appellants, dealers in hides, tallow, etc., at 131 and 133 East Kinzie Street, Chicago, sold to James Smibert 227 hides and received from him payment therefor. The purchaser not wishing to remove the hides at that time, it was arranged that they should remain at appellants’ above named place of business a few days. Sometime after that Smiberfc wanted to buy some tallow of appellants on credit, which they at first declined to sell except for cash,…
1Opinion of the CourtGarrett, P. J.
The quasi negotiable character of ware-
house receipts was judicially recognized long before the act of the legislature of this State for the regulation of public warehouses was passed. Prior to that time the principle applied by the courts was, that the delivery of warehouse receipts is a symbolic delivery of the property itself, and that it has the same effect as the delivery of the property and can have no greater, and that a transfer of the warehouse receipt, by the person in possession of it, gives no higher title than would the transfer of the property by the same person. Burton v.…
2Cases cited13 opinions
- Griswold v. . HavenNew York Court of Appeals · 1862
- Planters' Rice-Mill Co. v. Merchants' National BankSupreme Court of Georgia · 1887
- Canadian Bank of Commerce v. McCreaIllinois Supreme Court · 1882
- Burton v. CuryeaIllinois Supreme Court · 1866
- Broadwell v. HowardIllinois Supreme Court · 1875
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3Cited by2 opinions
- Union Trust Co. v. WilsonSupreme Court of the United States · 1905
- Rice & Bullen Malting Co. v. International BankAppellate Court of Illinois · 1899