delivered the opinion of the court.
Schmidt v. Pirie, 211 Ill. App. 367 (1918)
May 15, 1918
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Illinois Appellate Court
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Gen. No. 23,691
211 Ill. App. 367
Otto Schmidt, Executor, Appellant, v. Samuel C. Pirie et al., trading as Carson, Pirie, Scott & Company et al., Appellees.
Gen. No. 23,691.
(Not to he reported in full.)
Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
Affirmed.
Opinion filed May 15, 1918.
Statement of the Case.
Replevin by Otto Schmidt, executor of the estate of Rebecca Schmidt, deceased, plaintiff, against Samuel C. Pirie and others, trading as Carson, Pirie, Scott & Company, defendants, to recover certain furs. After suit was started, Simon Hausman, Henrietta Hausman, Samuel Lederer and Lena Lederer, hereinafter referred to as the defendants, were made parties to the suit as intervening defendants on motion of Carson, Pirie, Scott & Company. A trial was had before the court without a jury, as a result of which the court found that the right to the possession of the property replevied was not in the plaintiff and awarded a writ of retorno. From this judgment, plaintiff appeals.
*368Abstract of the Decision.
Guts, § 29 * - — when irrevocable joint gift by father to daughters of wearing apparel is shown. The delivery by a father of receipts from a corporation for wearing apparel stored with it, to one of his two daughters, in the presence of the other, with the statement that he wished her to take the receipts and divide the apparel with her sister, held to show the father’s intention to make and that he made an absolute and irrevocable gift of the apparel to the daughters to take effect immediately, even though the receipts contained a provision requiring a written order signed by the owner in case delivery should be desired to be made to any other than the person named in the receipt, and that by such gift and delivery the daughters acquired a joint interest in the apparel.
Musgrave, Oppenheim & Lee, for appellant.
Moses, Rosenthal & Kennedy, for appellees Henrietta Hausman, Simon Hausman, Lena Lederer and Samuel Lederer; Julius Moses and Hirsch E. Soble, of counsel.