Legal Opinion

Fuller & Fuller Co. v. Feinberg

Appellate Court of Illinois

Decided January 16, 1900Published

Trespass, to personal property. Appeal from the Circuit Court of Cook County; the Hon. George W. Brown, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1899.

1Opinion of the CourtJustice Freeman

This is an action in trespass brought by appellee to recover for the alleged misconduct of appellant and its agents in connection with the foreclosure of the chattel mortgage.

The main contention is with reference to the damage claimed to have been suffered from the removal of the soda fountain by the real owner during the time the premises were in possession of the constable under the chattel mortgage. It is conceded that the owner of the fountain was the Matthews Soda Water Company, which is not a party to this action. It is conceded also that appellee had refused to deliver the fountain to…

2Cases cited3 opinions

  1. Fawcett, Isham & Co. v. Osborn, Adams & Co.Illinois Supreme Court · 1863
  2. Klein v. SeiboldIllinois Supreme Court · 1878
  3. Rothwell v. AlvesAppellate Court of Illinois · 1895

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