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55 Ill. 169

Frankenthal v. Camp

Illinois Supreme Court

Decided September 15, 1870

Illinois Supreme Court · decided 1870-09-15

Erastus S. Williams, Judge, presiding. This was an action on the case, brought by Camp against Frankenthal and others. Held: since the wrongful levy aforesaid, and now hold wrongful possession of said goods and chattels. Wherefore,” etc. The defendants pleaded the general issue, and a trial resulted in a verdict in favor of the plaintiff.

Cited by 1 later decisions — most recently June 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

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Mr. Chief Justice Lawrence

¶1delivered the opinion of the Court:

¶2The only reason' urged by counsel of appellants for reversing this judgment is that the action, as appears on the face of the declaration, should have been trespass, and not case. These two actions are sometimes concurrent remedies, and either might have been maintained in the present instance. As the goods were forcibly and wrongfully taken from plaintiff’s possession he might have brought trespass and have recovered their value. But having sold the goods and received a part of the purchase money, and the sale having been rescinded by the vendee because the seizure of the goods disabled the plaintiff from delivering, a consequential injury resulted to the plaintiff in the loss of his sale, for which an action on the case will lie. Judgment affirmed.

¶3Judgment affirmed.

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