Hodges v. Hurd

Citations

• 47 Ill. 363

Syllabus

<p>1. Sale—of goods—when notice will operate to change the possession. Where property in the hands of a bailee is sold by the owner, and the bailee is notified of such sale, such notice will work a change of possession into the hands of the vendee, and the consent of the bailee is immaterial.</p> <p>2. So, where the owner of a lot of cotton, in the hands of the surveyor of a port, seized by him, to await an examination in regard to charges for a supposed violation of the treasury regulations, sold the same, and gave his vendee an order on the surveyor for the cotton, and also notified the surveyor of such sale. Held, that such action on the part of the vendor passed the possession to his vendee, and his title to the cotton was thereby complete, and he could maintain an action of replevin for the cotton, as against a subsequent attaching creditor of his vendor, whether such bailee had consented or not to the delivery, after the termination of his own right of possession.</p>