{
  "id": 5409521,
  "name": "Julia Farrell, Defendant in Error, v. James W. Stafford, Plaintiff in Error",
  "name_abbreviation": "Farrell v. Stafford",
  "decision_date": "1917-02-07",
  "docket_number": "Gen. No. 21,204",
  "first_page": "357",
  "last_page": "358",
  "citations": [
    {
      "type": "official",
      "cite": "203 Ill. App. 357"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:4963db534c0f839c",
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  "last_updated": "2023-07-14T17:03:43.745976+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Julia Farrell, Defendant in Error, v. James W. Stafford, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice G-oodwih\ndelivered the opinion of the court.\n4. Tboveb and convebsion, \u00a7 42 \u2014when finding for plaintiff on trial by court does not imply that punitive damages were allowed. The inclusion in the finding of the court for the plaintiff in an action for conversion that the defendant \u201cmaliciously, wilfully and intentionally, and with intent to injure and defraud the plaintiff\u201d converted the goods does not imply that punitive damages were allowed.\n5. Tboveb and convebsion, \u00a7 51 \u2014when tender of goods considered in mitigation of damages. The defendant to an action for conversion has the right to tender in open court the goods which have been converted and have such tender considered in mitigation of damages, but no such question arises where they were tendered as a full settlement of plaintiff\u2019s claim.\n6. Appeal and ebbob, \u00a7 1325 \u2014when presumed that court gave defendant credit for set-off in its finding. In the\u2019 absence of any contrary showing, it must be assumed that the defendant was duly credited with a set-off claimed in the finding of the court in an action for damages for the conversion of goods.",
        "type": "majority",
        "author": "Mr. Justice G-oodwih"
      }
    ],
    "attorneys": [
      "C. Yah Aleh Smith, for plaintiff in error.",
      "Leo S. Le Bosky, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Julia Farrell, Defendant in Error, v. James W. Stafford, Plaintiff in Error.\nGen. No. 21,204.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Pledges\u2014when pledged articles may not le sold without disclosing their nature. A pledgee of goods contained in a barrel, held under an agreement as security for a debt with authority to sell the goods if the debt is not paid at the time specified, is not justified in selling the barrel and its contents at auction without opening it and disclosing what its contents are.\n2. Tboveb and convebsion, \u00a7 39 \u2014when evidence is sufficient to sustain finding as to value of goods. Evidence held to sustain the finding of the court as to the value of goods, in an action for their conversion.\n3. Tboveb and convebsion, \u00a7 28 \u2014when tender of delt ly pledgor of goods is not condition precedent to maintenance of action for conversion. An action for the conversion of goods held by the defendant in pledge for a debt and improperly sold by him will lie without the plaintiff tendering in court the amount of the debt.\nError to the Municipal Court of Chicago; the Hon. Edmund K. J abecki, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nAffirmed.\nOpinion filed February 7, 1917.\nRehearing denied February 26, 1917.\nStatement of the Case.\nAction by Julia Farrell, plaintiff, against James W. Stafford, defendant, to recover damages for conversion of certain goods belonging to plaintiff. From a judgment for plaintiff for $153.50, defendant brings error.\nC. Yah Aleh Smith, for plaintiff in error.\nLeo S. Le Bosky, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0357-01",
  "first_page_order": 381,
  "last_page_order": 382
}