E. C. Kadow & Co. v. Dobbins, 209 Ill. App. 269 (1917)

Dec. 28, 1917 · Illinois Appellate Court · Gen. No. 23,252
209 Ill. App. 269

E. C. Kadow & Company, Appellant, v. C. E. Dobbins, Appellee.

Gen. No. 23,252. (Not to be reported in full.)

Abstract of the Decision.

Replevin, § 164 * —when finding not against manifest weight of evidence. In an action of replevin, a finding that the materials which went into the construction of the wagon in question were not the materials covered by plaintiff’s chattel mortgage under which he claimed right of possession of the wagon, held not manifestly against the weight of the evidence.

Appeal from the Municipal Court of Chicago; the Hon. John Stele, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Affirmed.

Opinion filed December 28, 1917.

Statement of the Case.

Action by E. C. Kadow and Company, a corporation, plaintiff, against C. E. Dobbins, defendant, in replevin for a “one 3-spring pedler-top wagon.” From a judgment for defendant, with writ of retorno habendo, plaintiff appeals.

Israel Cower, for appellant.

Theodore A. Sperce, for appellee.

Mr. Presiding Justice Taylor

delivered the opinion of the court.