Badger v. Batavia Paper Manufacturing Co.

Citations

• 70 Ill. 302

Syllabus

<p>1. Trover—what is a conversion. Where the assignee of a chattel mortgage upon a rotary boiler, after the maturity of the debt, attempted to reduce the same to possession, in accordance with the provisions of the mortgage, and was forbidden to do so, by the party in possession, who had succeeded to the title to the real estate upon which the boiler was situated : Held, that this would constitute a conversion of the boiler, so as to enable the assignee of the mortgage to maintain trover, without first making a formal demand for it.</p> <p>3. Instruction—should not be given on a theory not supported by any evidence. In trover, by the'assignee of a chattel mortgage, for the conversion of the property by a third party, who showed no interest whatever in the same, it was held, error to modify plaintiff’s instructions, so as to make the validity of the mortgage in the hands of the plaintiff depend upon whether the defendant had, or not, any right in the mortgaged property, as introducing an element in the case not belonging to it, and therefore calculated to mislead the jury.</p> <p>3. Corporation—pow&r to give chattel mortgage. Where the charter of a private corporation granted to the company “all the powers incident and useful to corporationsHeld, that the language was broad enough to include the power to make a chattel mortgage on property purchased by it, for the price.</p> <p>4. Chattel mortgage—as to whom valid, without reference to acknowledgment, etc. A chattel mortgage, being .good as between the parties to it, without acknowledgment, etc., will be equally valid against all persons who are neither purchasers of the mortgaged chattels nor creditors of the mortgagor, and have no interest in the property.</p> <p>5. Fixture—-property reserved, in conveyance, is not. Where a party takes a conveyance for real estate, which contains an express exception of a steam boiler from its operation, he can not claim the boiler as a fixture to the real estate, and that it is th