Amber Furniture Co. v. Kessel Bros. Storage Co.

Full title: Amber Furniture Company, Appellee, v. Kessel Brothers Storage Company…

Court: Appellate Court of Illinois, Chicago, First District

Date published: May 2, 1944

323 Ill. App. 278 (Ill. App. Ct. 1944)

55 N.E.2d 114

Opinion

Gen. No. 42,766. (Abstract of Decision.)

Opinion filed May 2, 1944

WAREHOUSES AND STORAGE, § 26^_ — evidence not charging warehouseman with conversion of stored furniture. In tort action brought for the value of certain furniture alleged to have been converted by defendant to its own use, where complaint alleged that furniture was sold on contract to buyer who later placed it in storage in defendant company's warehouse and that it was afterward sold by defendant for storage charges, held that plaintiff could not recover since there was no credible evidence introduced as to the execution of the conditional sales contract and no credible evidence showing notice to defendant of such contract.

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

Appeal from the Municipal Court of Chicago; the Hon. JAY A. SCHILLER, Judge, presiding.

Judgment reversed. Heard in the second division, first district, this court at the October term, 1943;

Milton Kauffman and Raphael Fine, for appellant;

Raphael Fine, of counsel.

Sidney J. Arthur Wolf, for appellee;

Arthur Wolf, of counsel.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed May 2, 1944.