Legal Opinion

Morganstein v. Commercial National Bank

Appellate Court of Illinois

Decided March 10, 1906No. Gen. No. 4,571PublishedCited by 5 opinions

Action of replevin. Appeal from the Circuit Court of Livingston County; the Hon. Thomas M. Harris, Judge, presiding. Heard in this court at the October term, 1905.

1Opinion of the CourtJustice Dibell

On February 19, 1904, the Commercial National Bank of Chatsworth brought its action of replevin against Samuel Morganstein, for a set of scales, and for certain specified quantities of rock salt, green hides, bones, and assorted old iron. The declaration was in replevin, with a count in trover. The defendant pleaded non cepit, non detinet, property in himself and not in plaintiff, and to the count in trover, not guilty. The cause was tried without a jury. Propositions of law were presented and acted upon. The court found plaintiff the owner of the property replevied and entitled to the…

2Cases cited3 opinions

  1. Borden v. CroakIllinois Supreme Court · 1889
  2. Gregg v. SanfordIllinois Supreme Court · 1860
  3. Tennis v. MidkiffAppellate Court of Illinois · 1894

3Cited by5 opinions

  1. In Re Rosenbaum Grain CorporationCourt of Appeals for the Seventh Circuit · 1939
  2. Fleck v. Harmstad, KingsleySupreme Court of Pennsylvania · 1931
  3. Nairn v. J. A. Acosta & Co.Court of Appeals for the Seventh Circuit · 1939
  4. Cadwalader v. CommissionerUnited States Board of Tax Appeals · 1929
  5. Commercial National Bank v. MorgansteinAppellate Court of Illinois · 1907

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