Dainton & Co. v. Bennett

Appellate Court of Illinois

Dainton & Co. v. Bennett

62 Ill. App. 301, 1895 Ill. App. LEXIS 432

DecidedJanuary 22, 1896

StatusPublished

This text of 62 Ill. App. 301 (Dainton & Co. v. Bennett) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dainton & Co. v. Bennett, 62 Ill. App. 301, 1895 Ill. App. LEXIS 432 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

This was an action of replevin, the contest being as to the right to the possession of a stock of groceries, etc.

Only a question of fact was presented. The dispute was as to whether George W. Bennett had delivered possession of the goods to Messrs. Saddler & Orr, to whom he had made a sale; the contest was not, as appellant argues, whether he retained a lien upon goods with the possession of which he had parted. As to whether appellee had given possession of the goods the evidence was contradictory, and the verdict of the jury justifiable.

The judgment of the Circuit Court is therefore affirmed.

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Mr. Justice Waterman

delivered the opinion of the Court.

This was an action of replevin, the contest being as to the right to the possession of a stock of groceries, etc.

Only a question of fact was presented. The dispute was as to whether George W. Bennett had delivered possession of the goods to Messrs. Saddler & Orr, to whom he had made a sale; the contest was not, as appellant argues, whether he retained a lien upon goods with the possession of which he had parted. As to whether appellee had given possession of the goods the evidence was contradictory, and the verdict of the jury justifiable.

The judgment of the Circuit Court is therefore affirmed.

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Bluebook (online)

62 Ill. App. 301, 1895 Ill. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dainton-co-v-bennett-illappct-1896.