delivered the opinion of the court.
Cermak ex rel. City Hall Square Co. v. Royal Furniture Co., 199 Ill. App. 413 (1916)
May 12, 1916
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Illinois Appellate Court
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Gen. No. 21,228
199 Ill. App. 413
Anton J. Cermak, Bailiff, for use of City Hall Square Company, Defendant in Error, v. Royal Furniture Company and Chicago Bonding & Surety Company, Plaintiffs in Error.
Gen. No. 21,228.
(Not to he reported in full.)
Error to the Municipal Court of Chicago; the Hon. Habby Olson, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.
Affirmed.
Opinion filed May 12, 1916.
Statement of the Case.
Action of debt by Anton J. Cermak, bailiff of the Municipal Court of Chicago for use of City Hall Square Company, plaintiff, against Boyal Furniture Company, a corporation, and Chicago Bonding & Surety Company, a corporation, defendants, wherein plaintiff recovered a; judgment for $881.40 and costs against defendants on a replevin bond. To reverse this judgment defendants prosecute this writ of error. The proceeding grew out of a replevin suit brought in the Municipal Court of Chicago -by the Boyal Furniture Company against the City Hall Square Company, for the possession of certain furniture, to which the Boyal Furniture Company claimed title by virtue of two chattel mortgages executed on July 10th and August 10,1913, respectively, by I. C. Newman & Company, a corporation, in favor of the said Boyal Furniture Company. The chattel mortgages under which the Boyal Furniture Company claimed title were executed by the said I. C. Newman & Company, acting through its treasurer, and were acknowledged on the aforesaid dates by one Carl W. Nelson as attorney in fact, who derived his authority under a power of attorney attached to each of these documents. The validity of these two chattel mortgages as against third persons was, under a stipulation between the parties, the sole question to be determined.
*414Abstract of the Decision.
Chattel mobtgages, § 55 * —when acknowledgment l>y attorney in fact insufficient. Under section 2 of the Chattel Mortgage Act (J. & A. i[ 7577), the acknowledgment by an attorney in fact under a power of attorney of a chattel mortgage executed for a corporation by its treasurer is invalid as against third persons.
Lucius J. M. Malmin, for plaintiffs in error. ■
D. P. Trude and M. Marso, for defendant in error.