Hathorn v. Lewis
Illinois Supreme Court
This suit was commenced by defendant in error, by writ of replevin, and tried at the January term of the Kane county Circuit Court for 1858, 1. G. Wilson, Judge, presiding, and a jury, and resulted in a verdict for the defendant in error. The property replevied was a quantity of goods in a store.
Read the full summary
This suit was commenced by defendant in error, by writ of replevin, and tried at the January term of the Kane county Circuit Court for 1858, 1. G. Wilson, Judge, presiding, and a jury, and resulted in a verdict for the defendant in error. The property replevied was a quantity of goods in a store. On the trial below, the plaintiff offered in evidence a chattel mortgage, in the words and figures following, to wit: This Indenture, Made this twenty-third day of October, 1857, between George W. Alexander, party of the first part, of the town of Virgil, county of Kane, and State of Illinois, and…
1Opinion of the CourtBreese, J.
Alexander had purchased the goods taken on the writ of replevin, of Seth Lewis, plaintiff in the action, and executed to Lewis a chattel mortgage in due form, to secure the payment of the notes which he had given to Lewis for the goods. The mortgage stipulates, that they should remain in Alexander’s possession, in the same store in which they were when Lewis sold them to him, and it then provides that “ in case the said party of the first part (Alexander), shall sell, assign or dispose of, or attempt to sell, assign or dispose of any of said goods and chattels, or remove or attempt to remove…
2Cited by2 opinions
- Lemen v. RobinsonIllinois Supreme Court · 1871
- Kahreman v. DunbarAppellate Court of Illinois · 1909