Legal Opinion

Hutt v. Bruckman

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 8 opinions

Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of replevin, brought by Hutt, against Bruckman and Bogue, to recover possession of a planing mill and the machinery and fixtures belonging thereto. It appears that Hutt had previously purchased the property in controversy from Bruckman, and executed therefor his three promissory notes, to secure which he also gave to Bruckman a mortgage on the property purchased.

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Appeal from the Circuit Court of Cook county; the Hon. E. S. Williams, Judge, presiding. This was an action of replevin, brought by Hutt, against Bruckman and Bogue, to recover possession of a planing mill and the machinery and fixtures belonging thereto. It appears that Hutt had previously purchased the property in controversy from Bruckman, and executed therefor his three promissory notes, to secure which he also gave to Bruckman a mortgage on the property purchased. Bruckman set up by plea, the notes and mortgage, alleging the non-payment of the last of the series, and consequent breach of…

1Opinion of the CourtJustice Sheldon

This is an appeal from a judgment rendered by the circuit court of Cook county, against the appellant, in an action of replevin brought by him to recover possession of a planing mill and the machinery and fixtures thereof, which the appellees had taken possession of under a chattel mortgage.

The only real issue before the jury was, whether there was an accord and satisfaction between the parties.

After all the evidence had been offered on the trial, by either of the parties, the defendants, by their counsel, moved the court to exclude all the evidence of plaintiff, from the jury, which motion…

2Cases cited2 opinions

  1. Stumps v. KelleyIllinois Supreme Court · 1859
  2. Winne v. HammondIllinois Supreme Court · 1865

3Cited by8 opinions

  1. Aultman & Co. v. ForgeyIndiana Court of Appeals · 1894
  2. Peuser v. MarshAppellate Division of the Supreme Court of the State of New York · 1915
  3. Aultman & Co. v. RichardsonIndiana Court of Appeals · 1894
  4. Miers v. Charles H. Fuller Co.Appellate Court of Illinois · 1911
  5. Hennessey v. BarnettColorado Court of Appeals · 1898

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