Toledo, Wabash & Western Railway Co. v. Gilvin

Citations

• 81 Ill. 511

Syllabus

<p>1. Delivery of grain sold—what constitutes—rights of seller as to possession. If a man places his wheat in a railroad car, under a contract to sell it, by the terms of which contract it is not to be removed until paid for, he does not thereby part with his right of possession to the wheat, and he has the right to remove the same from the car if not paid for.</p> <p>2. Where a man agrees to buy wheat, to be delivered on a car at a railroad station, to be paid for on delivery, and not to be removed until paid for, and procures a car to be sent to the station, and, before any wheat is put into it, represents to the railroad company that the car is loaded with wheat, and, on the strength of such representation, obtains a bill of lading therefor, and afterwards the seller of the wheat, in pursuance of his contract, and without any knowledge of the fraudulent transaction of the buyer, puts the wheat into the car, he does not thereby deliver the wrheat, but only puts it in a position to be delivered upon payment of the purchase money, and if not paid, he has the right to remove it from the car, as against the railroad company as well as against the purchaser.</p> <p>3. Title—can not he divested without consent or fault of owner. A person can not be divested of his property without his consent, unless he is guilty of some default or improvidence, on the faith of which others have so acted that it would be unjust to them for him to assert his title to his property.</p>