Legal Opinion

Dolphin v. Davis

Appellate Court of Illinois

Decided November 3, 1913No. Gen. No. 18,148PublishedCited by 3 opinions

Error to the Municipal Court of Chicago; the Hon. Joseph Z. Uhlir, Judge, presiding. Heard in this court at the March term, 1912.

1Opinion of the Court

Mr. Presiding Justice Baker

delivered the opinion of the court.

An action of tort for the conversion of personal property under the Municipal Court Act (J. & A. ¶¶ 3313 et seq.) is governed by the same rules of evidence as an action of trover at common law. The bailment was one in which the bailee was hired by the bailor to perform labor on the article bailed and was a bailment for the benefit of both parties. The rule of law is that if the article bailed is used in a different manner or for a longer time than was agreed by the bailor, the bailee is guilty of conversion and is answerable for…

2Cases cited5 opinions

  1. Laverty v. . SnethenNew York Court of Appeals · 1877
  2. Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
  3. Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
  4. Boldewahn v. SchmidtWisconsin Supreme Court · 1895
  5. Ingalls v. BulkleyIllinois Supreme Court · 1853

3Cited by3 opinions

  1. Aetna Casualty & Surety Co. v. Higbee Co.Ohio Court of Appeals · 1947
  2. Hercules Powder Co. v. RowanAppellate Court of Illinois · 1924
  3. United States Fire Ins. v. Paramount Fur Service, Inc.Ohio Supreme Court · 1959

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