Pease v. The L. Fish Furniture Co.

Appellate Court of Illinois

Pease v. The L. Fish Furniture Co.

70 Ill. App. 138, 1897 Ill. App. LEXIS 462

DecidedMay 6, 1897

StatusPublished

This text of 70 Ill. App. 138 (Pease v. The L. Fish Furniture Co.) 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.

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Pease v. The L. Fish Furniture Co., 70 Ill. App. 138, 1897 Ill. App. LEXIS 462 (Ill. Ct. App. 1897).

Pincite

Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

Appellee, “ a regular dealer on the so-called installment plan,” sold to a married woman a quantity of furniture, taking as security therefor a chattel mortgage upon the property so sold; the mortgage was executed by the purchaser alone, her husband not joining therein, which mortgage was duly acknowledged and recorded.

Thereafter, judgment having been obtained against the purchaser, a levy ivas made upon the mortgaged property; whereupon appellee replevied said furniture.

We have in Patterson v. Higgins, 58 Ill. App. 268, passed upon the question here presented. To the ruling in that case we adhere.

Appellant urges that the grammar of the chattel mortgage statute is opposed to the construction we have put upon that act.

In construing statutes, grammatical accuracy is not so much to be sought for as the intent and purpose of the enactment. Endlich on Construction of Statutes, Sec. 113.

The memorandum made by the justice before whom the mortgage was acknowledged was sufficient. Crescent Coal and Mining Co. v. Raymond, 57 Ill. App. 197. Affirmed.

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