American Merchants' Union Express Co. v. Willsie

Citations

• 79 Ill. 92

Syllabus

<p>1. Ebatjd—title to goods obtained, not mlid. A person who obtains the possession of goods by fraud, acquires no valid title to them, and can vest none in another person.</p> <p>2. Goods were sent by express, marked O. O. D., addressed to a party who was doing business as a merchant. When notified of the arrival of the goods, he wished to get them without paying the aniount marked on them for collection, but was told by the agent of the express company that he had orders not to deliver goods marked C. O. D. until the monej' was paid. He then represented to the agent that he was able to pay all his debts in an hour, and that his check was as good as gold, and that it would be paid when due; and on the strength of these representations, which were false, and known by him to be so, he induced the agent to let him have the goods and take a check for the money, dated fifteen days ahead, knowing that he was then bankrupt, and would have no funds in the bank to pay the check: Held, that the goods were obtained by fraud, and that no title passed, and that the company were entitled to recover them back.</p> <p>3. Where one obtains the possession of property by fraud, it can be reclaimed as against his creditors whose debts existed before the goods were obtained by him, and were not created upon the faith of the goods.</p>