Merchants' Savings, Loan & Trust Co. v. Goodrich

Citations

• 75 Ill. 554

Syllabus

<p>1. Replevin—judgment as to damages. In replevin against a mere stakeholder for two certified checks, each calling for $2,500, there being in the declaration a count in trover for the conversion of the same checks, where the record showed that the plaintiff obtained the checks by this writ, it was held that a judgment in favor of the plaintiff for the property replevied, and for $6,275 damages, could not be sustained, but was clearly erroneous.</p> <p>2. Measure op damage—detention of property in replevin. In replevin for the wrongful detention of bank checks, where the checks are recovered and delivered to the plaintiff, the plaintiff can only recover, as damages for the wrongful detention, interest on the amount of the checks from the time of the demand and refusal until they are replevied.</p> <p>3. Wagers. At common law all wagers are not void. It is only such as are contrary to public policy that are void, as on the question of war and peace, on the event of an election, etc. If the wager is contrary to public policy, or immoral, or in any other respect tends to the public detriment, no action will lie upon it.</p> <p>4. Same — contract tainted with. A contract for the sale of land depending upon the result of an election, on the question of a park in the locality, in a certain way, as a condition precedent to its taking effect, such result being an essential part of the consideration, is void, upon grounds of public policy.</p> <p>5. Where the purchasers of land deposited with a stakeholder their checks for $5,000 in favor of the vendor’s agent, the parties signing an agreement that the checks should be delivered to the payee in case a vote to be taken on that day in West Chicago should be in favor of what was known as the West Side Park Bill, but in case the majority of the votes should be cast against said bill, then the checks were to be delivered to the drawers: Held, that the transaction, standing by itself, without reference to the contract of sale, wa