Broadwell v. Howard

Citations

• 77 Ill. 305

Syllabus

<p>1. . Sale—delivery to pass title as to creditors and subsequent purchasers of seller. To affect subsequent purchasers without notice, and creditors, there must be an actual delivery of personal property, to consummate a sale; but the rule has its exceptions, as, in the case of warehouse receipts. Usage has made the possession of such documents equivalent to the possession of the property itself.</p> <p>2. Warehouse receipts—effect of when given by the seller. The law makes no distinction in respect to grain purchased or acquired by the holder of such receipts from others, and those acquired from the warehouseman himself. The law does not prohibit him from selling his property, and if he does so in good faith, he may become its future custodian; and the fact that he keeps a public warehouse, is sufficient to put parties on inquiry as to the ownership of grain stored.</p> <p>3. Where a warehouseman purchased grain stored by him, for another person, and with such other person’s money, and took up his outstanding receipt, held by the vendor, and issued a new receipt to the person for whom he bought, it was held, that the grain was not liable thereafter to be taken in execution against the warehouseman.</p>