{ "id": 5080862, "name": "Farmers & Merchants Bank v. Albert C. Arnold, Zachariah C. Proctor and Lyman W. Arnold", "name_abbreviation": "Farmers & Merchants Bank v. Arnold", "decision_date": "1895-04-22", "docket_number": "", "first_page": "349", "last_page": "351", "citations": [ { "type": "official", "cite": "58 Ill. App. 349" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "117 Ill. 404", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 2892813 ], "opinion_index": 0, "case_paths": [ "/ill/117/0404-01" ] }, { "cite": "40 Ill. App. 234", "category": "reporters:state", "reporter": "Ill. App.", "case_ids": [ 5022348 ], "opinion_index": 0, "case_paths": [ "/ill-app/40/0234-01" ] } ], "analysis": { "cardinality": 303, "char_count": 4614, "ocr_confidence": 0.5, "pagerank": { "raw": 8.752547649546598e-08, "percentile": 0.4949616753718074 }, "sha256": "2edfe102f2e6e27d0889918fb76ff9882c910fbedc53c76494648ae7474a7f18", "simhash": "1:92d3b28a7a51c18a", "word_count": 831 }, "last_updated": "2023-07-14T20:52:30.003237+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Farmers & Merchants Bank v. Albert C. Arnold, Zachariah C. Proctor and Lyman W. Arnold." ], "opinions": [ { "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThe appellant filed a bill to obtain the proceeds of sixty-eight head of cattle sold by the firm of Arnold, Proctor & Co., commission merchants at the stock yards in Chicago.\nIt is certain that the cattle were shipped from Missouri to the firm, by one Lyman W. Arnold, in the name of his mother-in-law, Sarah Topping, for the purpose of paying her money that he owed her.\nThe appellant claims that the cattle were part of those described in a mortgage by Lyman W. Arnold to the bank, upon \u201c one hundred and thirteen (113) head of steer cattle, all dehorned, thirteen (13) of which are \u2018yearlings,\u2019 coming \u2018 twos,\u2019 and the remainder are \u2018 twos \u2019 and \u2018 threes,\u2019 all purchased by me of McCausland, Hoag & Co., of Chicago, Illinois.\u201d\nThe rights of parties claiming under a chattel mortgage made in Missouri are governed by the law of that State, and the identity of the property may be shown by parol. Cases cited in Clough v. Kyne, 40 Ill. App. 234. But the obstacle in the way of the appellant here is that no such proof is in the case. There is no testimony of what occurred when the mortgage was made, other than that of the cashier of the bank, that he then \u201c had a man examine the security and he reported it sufficient.\u201d One of the directors of the bank testified that he went to \u201c Shelbina,\u201d there saw a Mr. Lair, who showed a \u201c bunch of cattle,\u201d and said that they were \u201c the McOausland & Hoag cattle.\u201d Lair, as a witness, denied that statement. The director further testified that he saw the cattle in the stock yards; they looked like those he saw \u201c in Shelby county,\u201d and to the best of his knowledge, they were the same. There is no other evidence on that point for the appellant, except the testimony of Lyman W. Arnold, who said that he did not think that more than ten or twelve of the sixty-eight could have been \u201c McCausland & Hoag cattle.\u201d\nThe dealings between the bank and Lyman W. Arnold were many and irregular. Upon the whole testimony it is argued by the appellees, not without reasonable ground, that the mortgage had been paid; but we will not determine that point. The evidence shows that six or seven months after the mortgage was made, Lyman W; Arnold and Lair, with the assent of the bank, had a transaction by which Arnold delivered to Lair about one hundred and ninety head of cattle, among which were about seventy-five of those included in the mortgage, for which Lair gave to Arnold $5,372 cash and a note for $3,000 due in one hundred days; which was the price of the cattle, if sold, as Arnold and Lair say they were, at four cents a pound. At the same time Arnold and Lair agreed that at the end of one hundred days, Arnold was 'Lto take the cattle back at five cents a pound, and about one hundred days thereafter, Arnold did receive from Lair two hundred and ten cattle; part of them at five cents and part of them at four and a quarter cents a pound.\nThe appellant claims that this transaction was only \u201c a feeding contract.\u201d\nOn this record it can not be told on what ground the court below went in holding that Mrs. Topping ivas entitled to the proceeds in controversy; but as there is no affirmative evidence of identity, that which is nearest to such evidence being the testimony of Arnold, that he did not know and did not think, the conclusion of the court\u2014if that was its conclusion\u2014that the identity was not made out, can not be held erroneous.\nAnd if the transaction with Lair, being with the assent of the bank, was a sale, then the lien of the mortgage was gone. Whether the specific findings of the court in favor of Mrs. Topping are in the right words \u201c is a matter of no consequence.\u201d Potter v. Gronbeck, 117 Ill. 404-9.\nOn this record she seems to have been entitled to the money, as the court decided. She is dead and her administrator has appeared here in her place.\nThe decree of the Superior Court is affirmed.", "type": "majority", "author": "Mr. Justice Gary" } ], "attorneys": [ "W. A. Hamilton, attorney for appellant.", "Francis A. Riddle and Frank B. Dyche, attorneys for appellees." ], "corrections": "", "head_matter": "Farmers & Merchants Bank v. Albert C. Arnold, Zachariah C. Proctor and Lyman W. Arnold.\n1. Chattel Mortgages \u2014Made in Missouri\u2014Rights of Parties Under.\u2014The rights of parties claiming under a chattel mortgage made in Missouri, are governed by the law of that State.\n2. Same\u2014Identity of the Property.\u2014The identity of the property covered by a chattel mortgage may be shown by parol.\nBill for an Accounting, etc.\u2014Appeal from the Superior Court of Cook County; the Hon. William G. Ewing, Judge, presiding. Submitted at the March term, 1895, of this court.\nAffirmed,\nOpinion filed April 22, 1895,\nW. A. Hamilton, attorney for appellant.\nFrancis A. Riddle and Frank B. Dyche, attorneys for appellees." }, "file_name": "0349-01", "first_page_order": 345, "last_page_order": 347 }