Alexander v. Rundle

Citations

• 75 Ill. 85

Syllabus

<p>1. Trover—when it lies. To enable the payee of a promissory note to maintain trover against the maker of the same for its conversion, a wrongful taking of the note must be shown, or a refusal to deliver the same when demanded by the plaintiff.</p> <p>2. Where the holder of a promissory note surrendered the same upon a dispute as to its consideration, and left the same with a depositary, and the maker took possession of the same without the consent of the depositor, but on complaint of the holder and at the request of the depositary, gave the same up to him for the payee, but again possessed himself of it, it appearing that the maker had reasonable ground to contest his liability in whole or in part: Held, that the payee could not maintain trover for the taking of the note under the circumstances.</p>