Shelton v. Franklin

Citations

• 68 Ill. 333

Syllabus

<p>1. Replete*—to avoid the effect of an injunction. A and B were partners dealing in stock. A filed his bill against B to close the partnership, and for an account, and enjoined B from disposing of any of the partnership property, and during the pendency of this suit made a sale of the partnership hogs to the plaintiff, who knew of the pendency of this suit at the time of his purchase, but before delivery B filed his bill in chancery and obtained an injunction against A and the purchaser, enjoining the first from selling the property,i, and the latter from taking possession. After the service of the injunction on him, the purchaser replevied the hogs, and thus obtained possession: Held, that the effect of the second injunction was to annul the proceedings in replevin, and the replevin suit should have been dismissed.</p> <p>3. Sale—by one partner is good against the other without a delivery. A sale by one partner of personal property belonging to the firm, if within the scope ancl object of the firm, is a sale by the firm, and, as against the firm, an actual delivery is not essential to the sale.</p> <p>3. Same—where the full price is paid, weighing not necessaA'y to pass the title. Where one partner sold the entire lot of hogs belonging to his firm, at eight cents per pound, and the sum paid at the time was understood to be in excess of the price, but the excess, when ascertained, was to be applied on another transaction: Held, that the title to the hogs passed immediately to the purchaser, without first ascertaining their weight, or making a formal delivery.</p> <p>4. Same—what a sufficient delivery. Where one partner sold an entire lot of hogs belonging to his firm, then on a third person’s premises, and the purchaser paid the full price at the time of the sale, and the hogs ■were then collected together in the presence of both parties, this was held, a sufficient delivery to pass the title as against the partners.</p> <p>5. Instructions — must not require the f