{
  "id": 2866719,
  "name": "Katherine Dyer, Appellee, v. Jacob Weinstein, Appellant",
  "name_abbreviation": "Dyer v. Weinstein",
  "decision_date": "1915-10-20",
  "docket_number": "Gen. No. 6,119",
  "first_page": "398",
  "last_page": "399",
  "citations": [
    {
      "type": "official",
      "cite": "196 Ill. App. 398"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 163,
    "char_count": 2107,
    "ocr_confidence": 0.58,
    "sha256": "d2e0e45054ce27839a703207c0bf9ee8b31fee80ba76ebb53a505abcf86cbced",
    "simhash": "1:6866cd49882642d8",
    "word_count": 348
  },
  "last_updated": "2023-07-14T15:31:56.876051+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Katherine Dyer, Appellee, v. Jacob Weinstein, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Niehaus\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Replevin, \u00a7 50 \u2014when owner of pawned property must pay or tender amount due as prerequisite to action. One whose personal property has been pawned with her knowledge and consent cannot maintain replevin to recover possession of such property without first paying or tendering the amount due to the pawnee in redemption from the pledge.\n2. Troves and conversion, \u00a7 28 \u2014when owner of pawned property must pay or tender amount due as prerequisite to action. An action of trover to recover the value of personal property cannot be maintained against a pawnee of such property where it appears that the property was pawned with the knowledge and consent of plaintiff, and that the amount due to the pawnee in redemption of the pledge was not paid or tendered to pawnee before Commencing the action.",
        "type": "majority",
        "author": "Mr. Justice Niehaus"
      }
    ],
    "attorneys": [
      "J. B. Wolfenbarger, for appellant.",
      "Clyde Capron, for appellee."
    ],
    "corrections": "",
    "head_matter": "Katherine Dyer, Appellee, v. Jacob Weinstein, Appellant.\nGen. No. 6,119.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Peoria county; the Hon. N. E. Worthinston, Judge, presiding.\nHeard in this court at the April term, 1915.\nReversed.\nOpinion filed October 20, 1915.\nRehearing denied December 8, 1915.\nStatement of the Case.\nAction of replevin by Katherine Dyer, plaintiff, against Jacob Weinstein, defendant, to recover possession of a diamond ring, the value of which was fixed in the affidavit at seventy-five dollars. The ring not being obtained by the writ, its value was sought to be recovered by a count in trover.\nThere was evidence tending to show that the ring was the property of plaintiff, who was a prostitute, and that the ring was pawned with defendant. There was also evidence tending to show that the ring was pawned by plaintiff\u2019s paramour, one Grosnell, with plaintiff\u2019s knowledge and consent and that plaintiff in a large measure intrusted Grosnell with her money and property. From a judgment for defendant, plaintiff appeals.\nJ. B. Wolfenbarger, for appellant.\nClyde Capron, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0398-01",
  "first_page_order": 446,
  "last_page_order": 447
}