La Salle Mortgage & Discount Co. v. Horan

Full title: La Salle Mortgage and Discount Company, Appellee, v. Albert J. Horan et…

Court: Appellate Court of Illinois, First District

Date published: Dec 23, 1940

307 Ill. App. 548 (Ill. App. Ct. 1940)

30 N.E.2d 785

Opinion

Gen. No. 40,830. (Abstract of Decision.)

Opinion filed December 23, 1940 Rehearing denied January 6, 1941

SALES, § 366^_ — conditional, rights of creditors. In action of trial of right of property, where conditional vendor had purchased printing machinery outright and sold to judgment debtor under a conditional sales contract, such sale did not constitute a chattel mortgage which had to be recorded, and where vendor took possession upon default and kept its custodian in possession at all times, its rights were properly held to be superior to those of judgment creditor levying execution.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. NUNCIO J. BONELLI, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1939.

Louis I. Lewis, for appellant;

Leo Spira, of counsel;

Welch Hoffman, for appellee;

William L. Bourland, of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed December 23, 1940; rehearing denied January 6, 1941.