Rogers v. Weller

Appellate Court of Illinois

Rogers v. Weller

187 Ill. App. 314

CourtAppellate Court of Illinois

DecidedJune 15, 1914

DocketGen. No. 19,298

StatusPublished

Cited by1 cases

This text of 187 Ill. App. 314 (Rogers v. Weller) 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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Rogers v. Weller, 187 Ill. App. 314 (Ill. Ct. App. 1914).

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Opinion

Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Chattel mobtgages, § 267*—when evidence insufficient to establish delivery of statutory statement to mortgagor. In an action of debt brought by a chattel mortgagor against the mortgagee to recover the penalty provided by section 2 of the Act of 1895, J. & A. If 7602, for failure of the mortgagee to deliver a statement showing the items of property sold, etc., under a power of sale contained in the mortgage, an attempt on the part of defendant to show that such statement had in fact been “delivered by mail,” held insufficient, where the witness testified he could not say when he mailed the letter nor to whom the letter was addressed, and it was admitted it was not mailed to plaintiff. 4. Appeal and errob, § 1241*—when party cannot complain of language in instructions. Appellant cannot complain of the language of instructions of his adversary where the instructions offered by himself contained the same language.

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Mr. Presiding Justice Fitch

delivered the opinion of the court.

3. Chattel mobtgages, § 267*—when evidence insufficient to establish delivery of statutory statement to mortgagor. In an action of debt brought by a chattel mortgagor against the mortgagee to recover the penalty provided by section 2 of the Act of 1895, J. & A. If 7602, for failure of the mortgagee to deliver a statement showing the items of property sold, etc., under a power of sale contained in the mortgage, an attempt on the part of defendant to show that such statement had in fact been “delivered by mail,” held insufficient, where the witness testified he could not say when he mailed the letter nor to whom the letter was addressed, and it was admitted it was not mailed to plaintiff. 4. Appeal and errob, § 1241*—when party cannot complain of language in instructions. Appellant cannot complain of the language of instructions of his adversary where the instructions offered by himself contained the same language.

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187 Ill. App. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-weller-illappct-1914.

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