Dyer v. Weinstein

Appellate Court of Illinois

Dyer v. Weinstein

196 Ill. App. 398

CourtAppellate Court of Illinois

DecidedOctober 20, 1915

DocketGen. No. 6,119

StatusPublished

This text of 196 Ill. App. 398 (Dyer v. Weinstein) 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

Dyer v. Weinstein, 196 Ill. App. 398 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Niehaus

delivered the opinion of the court.

Abstract of the Decision. 1. Replevin, § 50*—when owner of pawned property must pay or tender amount due as prerequisite to action. One whose personal property has been pawned with her knowledge and consent cannot maintain replevin to recover possession of such property without first paying or tendering the amount due to the pawnee in redemption from the pledge. 2. Troves and conversion, § 28*—when owner of pawned property must pay or tender amount due as prerequisite to action. An action of trover to recover the value of personal property cannot be maintained against a pawnee of such property where it appears that the property was pawned with the knowledge and consent of plaintiff, and that the amount due to the pawnee in redemption of the pledge was not paid or tendered to pawnee before Commencing the action.

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Mr. Justice Niehaus

delivered the opinion of the court.

Abstract of the Decision. 1. Replevin, § 50*—when owner of pawned property must pay or tender amount due as prerequisite to action. One whose personal property has been pawned with her knowledge and consent cannot maintain replevin to recover possession of such property without first paying or tendering the amount due to the pawnee in redemption from the pledge. 2. Troves and conversion, § 28*—when owner of pawned property must pay or tender amount due as prerequisite to action. An action of trover to recover the value of personal property cannot be maintained against a pawnee of such property where it appears that the property was pawned with the knowledge and consent of plaintiff, and that the amount due to the pawnee in redemption of the pledge was not paid or tendered to pawnee before Commencing the action.

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Bluebook (online)

196 Ill. App. 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dyer-v-weinstein-illappct-1915.