{
  "id": 2870980,
  "name": "Cole Motor Company, Appellee, v. Centaur Motor Company of Illinois, Appellant",
  "name_abbreviation": "Cole Motor Co. v. Centaur Motor Co.",
  "decision_date": "1915-11-15",
  "docket_number": "Gen. No. 20,946",
  "first_page": "317",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 317"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 181,
    "char_count": 2426,
    "ocr_confidence": 0.613,
    "sha256": "b6bc3117a44938286f0fbeea2a722b732954619c1269635fa6cbb1bb7e4a76ba",
    "simhash": "1:ce544aa7100c23cc",
    "word_count": 402
  },
  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Cole Motor Company, Appellee, v. Centaur Motor Company of Illinois, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n2. Trover and conversion, \u00a7 47 \u2014what proper measure of damages. In an action to recover damages for the conversion of an automobile, the measure of damages is the value of the automobile at the time of the conversion.\n3. Chattel mortgages, \u00a7 224 \u2014when purchaser of property charged with notice. Where a chattel mortgage duly recorded provides that if the mortgagor sells or assigns the mortgaged property the mortgage debt shall at once become due and payable \u201cwithout notice to any one,\u201d and that the mortgagee in such case at its option may take immediate possession of the mortgag\u00e9d property, any person claiming title to the mortgaged property under the mortgagor is charged with notice of the provisions of the mortgage, and such person taking under the mortgagor is not entitled to notice if the mortgagee exercises its option.\n4. Trover and conversion, \u00a7 36 \u2014what sufficient to show conversion. Where the facts relied upon to prove a conversion are that an agent of1 defendant negotiated a sale of the property converted, and where a second sale of such property took place the same day, it is unimportant whether the conversion took place at the first or second sale.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Miller, Gorham & Wales, for appellant.",
      "Walter F. Olds, for appellee."
    ],
    "corrections": "",
    "head_matter": "Cole Motor Company, Appellee, v. Centaur Motor Company of Illinois, Appellant.\nGen. No. 20,946.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Instructions, \u00a7 85 \u2014when instruction as to burden of proof improper. In an action of trover to recover for the conversion of an automobile, where the conversion was by defendant\u2019s agent, an instruction that the burden was on the defendant to show by a preponderance of evidence that in doing the acts constituting the conversion such agent was not acting for defendant is erroneous.\nAppeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding.\nHeard in this court at the March term, 1915.\nReversed and remanded.\nOpinion filed November 15, 1915.\nStatement of the Case.\nAction by the Cole Motor Company, a corporation, plaintiff, against the Centaur Motor Company of Illinois, a corporation, defendant, in the County Court of Cook county, to recover for the conversion of an automobile. From a judgment for plaintiff, defendant appeals.\nMiller, Gorham & Wales, for appellant.\nWalter F. Olds, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0317-01",
  "first_page_order": 343,
  "last_page_order": 344
}