Gray v. Agnew

Citations

• 95 Ill. 315
• 1880 Ill. LEXIS 181

Syllabus

<p>1. Appeai from an. Appellate court—as to a review of questions of fact. Where the certificate of the Appellate Court, on an appeal to this court, finds no facts in the case, but only states that certain specific evidence was heard in the trial court, and that certain other evidence tending to prove the issues on each side was introduced, this court will not be bound by such certificate, even if the finding be such as is required by the statute to be certified by the Appellate Court, further than as showing the evidence tended to prove the issues.</p> <p>2. But where the judgment of the trial court, in a suit upon a replevin bond, in which the issues involved the question of the ownership of the property replevied, has been affirmed in the Appellate Court, this court, on an appeal from the Appellate Court, will regard such judgment of affirmance as a finding of the facts as they were found by the jury, and will not examine the evidence to see whether it sustains the verdict.</p> <p>3. Factoe—power to pledge the property of Ms principal for his own debt—■ notice—estoppel. A power to sell such as is possessed by a factor or broker appointed for the purpose, can only be executed by way of sale, and does not justify a disposition of the property in any other manner. A factor, therefore, has no authority to pledge the goods of his principal as a security for a debt due from himself, even though the creditor has no notice of.his character as factor. So if the factor attempts to make such pledge and delivers the goods to the pledgee, the owner may recover them in an action of replevin.</p> <p>4. Nor would the fact that the consignor invoiced the goods to the person so making the pledge, as purchaser, and not as factor, and that the consignor so directed, for the purpose of concealing the fact that the goods were to be sold on commission from an association of which the consignor was a member and which prohibited the sale of such goods on commission, operate to estop the