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179 Ill. 112

Dawes v. Rosenbaum

Illinois Supreme Court

Decided April 17, 1899

Illinois Supreme Court · decided 1899-04-17

<p>Trover—what facts do not show wrongful conversion. A wrongful conversion, by commission men, of cattle covered by a mortgage executed and recorded in another State is not shown under evidence that the mortgagee knew, when he made demand upon the commission men for the cattle, that they had sold them and accounted to the mortgagor for the profits, and that said mortgagee did not inquire who bought the cattle or had control of them or where they were, but made the demand solely for the purpose of holding the commission men liable.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1899-04-17

How this case has been cited

Cited by 12 later decisions — most recently December 1948

4 federal appellate · 8 state decisions

60189919001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Phillips

¶1delivered the opinion of the court:

¶2By its finding of facts the Appellate Court found that the agent of the bank who made demand on appellees for the cattle in question knew at the time he made the demand that appellees had sold and accounted with Hudson for the proceeds of the sale of the cattle, and that the agent of the bank made no inquiry of appellees, or any of them, as to the vendee of the cattle, or who had control of them, or as to where they were, and that the demand was made solely for the purpose of holding appellees liable for them. Concurring, as we do, with the Appellate Court, its judgment must be affirmed, as, under the demand and the facts surrounding it, as especially found by the Appellate Court, and under the facts appearing in this record, there is no evidence of a wrongful conversion by appellees.

¶3The judgement of the Appellate Court for the First District is affirmed.

¶4Judgment affirmed.

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