Huschle v. Morris

Citations

• 131 Ill. 587
• 23 N.E. 643

Syllabus

<p>1. Chattel mortgage—stock of goods—mortgagor retaining possession and making sales in usual way. Where, by an -understanding be-, tween the parties at the time of the execution and ddlivery of a chattel mortgage on a stock of merchandise, the goods are left in the hands of the mortgagor, to be sold by him in the usual course of his business as a retail merchant, the mortgage will be fraudulent and void as to creditors of the mortgagor. If any arrangement is made, express or implied, by which the mortgagor is allowed to continue the sale of the goods for his benefit, the mortgage will be invalid as against an attachment or execution creditor.</p> <p>2. Sale oe personal property—delivery of possession—whether essential. In case of an unconditional sale of specific chattels, delivery is not essential to complete the sale and pass the title, as between the-parties, where, by the agreement, nothing remains to be done but for the purchaser to take possession. But as to creditors and bona fide purchasers the rule is different, as a delivery is indispensable to complete the sale, so as to render it valid as against them.</p> <p>3. Practice—directing what the verdict shall be. Where the plaintiff' fails to introduce any evidence to prove a fact essential to his recovery, it is proper to instruct the jury to find for the defendant.</p>