Reebie v. Brackett
Appellate Court of Illinois
Assumpsit, for goods stored with warehousemen. Appeal from the Circuit Court of Cook County; the Hon. Russell P. Goodwin, Judge presiding. Heard in this court at the October term, 1902.
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
The relation of appellants to these goods when they came into their custody was that of warehousemen. This gave them a common law lien upon the goods for services performed in relation to them. They had the right to hold the goods until their charges upon them were paid, but they had no right to sell the goods for their charges. Without an enabling statute the warehouseman can not sell the property stored with him, unless he obtains an order to that effect from a court of competent jurisdiction. Jones on Liens, Sec. 976; Low v.…
2Cases cited3 opinions
- Gaines v. WilliamsIllinois Supreme Court · 1893
- Cushman v. HayesIllinois Supreme Court · 1867
- Low v. MartinIllinois Supreme Court · 1857
3Cited by5 opinions
- Farley v. Spring Garden Insurance Co.Wisconsin Supreme Court · 1912
- Eldred v. ColvinAppellate Court of Illinois · 1917
- Talty v. SchoenholzAppellate Court of Illinois · 1922
- Ruud v. BostromAppellate Court of Illinois · 1922
- Erickson Bros. & Lucka, Inc. v. Great Lakes Construction Co.Appellate Court of Illinois · 1933