Broadwell v. Howard
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action of replevin, brought by appellees against William' H. Broadwell, sheriff of Morgan county, for the recovery of a lot of wheat. The wheat had been levied upon by the defendant, as sheriff, under an execution against Edward P. Fox, with whom it was stored. On the trial, a verdict and judgment were had in favor of the plaintiffs, and the defendant appealed.
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Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. This was an action of replevin, brought by appellees against William' H. Broadwell, sheriff of Morgan county, for the recovery of a lot of wheat. The wheat had been levied upon by the defendant, as sheriff, under an execution against Edward P. Fox, with whom it was stored. On the trial, a verdict and judgment were had in favor of the plaintiffs, and the defendant appealed. The material facts of the case will appear in the opinion.
1Opinion of the CourtJustice Scholfield
The question presented here grows out of these facts: One Edward P. Fox o'wned. or, at all events, kept, a warehouse at Chapin. Appellees, who were commission merchants in St. Louis, entered into an agreement with him, whereby they were to advance money to him, with which he was to buy wheat, store it in his warehouse until such time as the market should justify its sale, and then ship it to them. As the wheat was stored in his warehouse, he was to send them warehouse receipts, to secure them tor their advances. At the end of the season an account was to be taken of their transactions, in…
2Cases cited1 opinion
- Burton v. CuryeaIllinois Supreme Court · 1866
3Cited by14 opinions
- Kastner v. AndrewsNorth Dakota Supreme Court · 1923
- Merchants' & Manufacturers' Bank v. HibbardMichigan Supreme Court · 1882
- National Exchange Bank v. WilderSupreme Court of Minnesota · 1885
- Millhiser Manufacturing Co. v. Gallego Mills Co.Supreme Court of Virginia · 1903
- State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1908
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