Bailey v. Bensley

Citations

• 87 Ill. 556

Syllabus

<p>1. Custom and usage—dealing with reference to. A person who deals in a particular market must be taken to deal according to the known, general and uniform custom or usage of that market, and he who employs another to act for him at a particular place or market, must be taken as intending that the business to be done will be done according to the custom and usage of that place or market, whether the principal, in fact, knew of the usage or custom, or not.</p> <p>2. .Commission merchant—right to dispose of warehouse receipts. Under the custom of trade in Chicago, a commission merchant, to whom grain is consigned, may dispose of the warehouse receipt given him for the same, although directed by the consignor not to sell, but to hold the grain for further orders, if he keeps on hand, ready for delivery when called on, other receipts for a like quantity and grade of grain. The receipts are not the consignor’s property, and do not represent his property, but are merely evidences of a debt to the consignee.</p> <p>3. Same—right of consignor to control as to disposition of property. The shipper of grain may, by consent of the warehouseman, have his grain kept in a separate bin by itself, which consent, must appear upon the face of the receipt, as well as the number of the bin, or he may instruct, the commission man, and require him to keep the identical receipts received upon his shipment, and not to part with them except when he sells on his account.</p> <p>4. Same—intermixing grain consigned by different persons—rights of parties. Where a consignee of grain stores the same in a warehouse, and the same is intermixed with other grain of like grade, and a receipt is taken for the amount, the grain being no longer capable of identification, the owner parts with his property in the same, and the consignee to whom the receipt is giten, instead of being a bailee, becomes a debtor to the owner.</p> <p>5. Same—conversion. If a commission man places the grain of his consignor in