Ohio & Mississippi Railway v. Noe

Citations

• 77 Ill. 513

Syllabus

<p>1. Replevin—when demand and refusal necessa/i'y. The law is well settled that, where a party obtains the possession of property lawfully, an action of replevin can not he maintained to recover it until a demand lias been made and the possession refused.</p> <p>3. Where goods are shipped by rail, the railway company, having obtained possession lawfully, will have the right to hold, them until the freight actually due is paid or tendered, and a demand is made. If too much freight is charged, the owner should tender the proper amount before bringing replevin. The tender is too late after the suit is commenced.</p>