Mathews v. Reinhardt (149 Ill. 635, 1893)

Mr. Justice Bailey

delivered the opinion of the Court:

This was an action of replevin, brought by Adolph°L. Beinhardt against W. Scott Mathews, to recover a stock of jewelry. The defendant pleaded non cepit, non detinet, property in John W. Poe, and two special pleas of justification as sheriff of Marion county, under two writs of attachment against the property of John W. Poe, one in favor of C. H. Knight & Co., and the other in favor of the Meriden Brittania Company. At the trial, the verdict of the jury and judgment of the court were in favor of the plaintiff, and that judgment having been affirmed by the Appellate Court, the judgment of affirmance is now brought to this court by writ of error.

In the year 1888, and for several years prior thereto, John W. Poe was engaged in the jewelry business at Centraba, Marion county, and was the owner of a small stock of jewelry. Near the close of the year 1888, he became largely indebted and insolvent, he having during the latter part of that year, purchased a large quantity of goods, consisting principally of diamonds, valuable watches and other costly goods, amounting to from $12,000 to $16,000. During the time he was carrying on the business, he had borrowed various sums of money, at different times, from John C. Fears, his brother-in-law, who resided at St. Louis, Missouri, and was still indebted to him to a considerable amount for such loans.

Just prior to his failure, he seems -to have applied to Fears for a further loan, which was refused, but Fears, on the 27tli or 28th day of December, 1888, came to Centraba to see how matters stood, and finding them, as he says, in a pretty bad shape, he bought Poe’s stock of goods, which at that time invoiced at about $2700, paying him therefor by giving him credit for the amount of the invoice on his indebtedness. This left a considerable balance of the indebtedness still unpaid. The evidence shows that but a very small part if any of the goods which constituted Poe’s recent purchases were in his store at that time, and nothing is shown as to what had become of them. Possession of the stock of goods, and of the store in which they then were, was turned over to Fears at the time of the sale to him, and he left them in the possession of E. L. Stoker, his attorney and agent, and returned to St. Louis the next morning. ,

Adolph L. Reinhardt, the plaintiff, had formerly been in Poe’s employ, but had not been with him for one or two years prior to the failure. The day after the sale to Fears, Stoker met the plaintiff and said to him that he had a stock of goods which he wished to sell to him, and the plaintiff asking what stock, Stoker explained that Fears had bought Poe’s stock. The plaintiff then said that he did not have money enough to buy the stock, but would like to buy it if he could get his father to help him. Stoker then proposed to the plaintiff to go with him to see his father about the matter. They accordingly went to Lebanon, Illinois, -where the plaintiff’s father lived, and laid the matter before him, and he, to satisfy himself as to the condition and value of the stock, and the advisability of buying it, sent Fred Pessold, his son-in-law, and Charles Reinhardt Jr., another son, to Centraba, to examine the goods. They accordingly went and made the examination, and after having done so, they, acting on behalf of Charles Reinhardt Sr., the plaintiff’s father, offered Stoker $1500 for the stock, which offer was refused. They finally offered $1600, which Stoker declined to accept without first consulting Fears. This was on the 31st day of December, and on that day, Stoker, Pessold and Charles Reinhardt Jr. went to St. Louis to lay the offer before Fears.- The latter accepted the offer, and a bill of sale of the stock of goods, furniture, fixtures, etc., was made out and signed by Fears, running from him to the plaintiff, and bearing date January 1, 1889. The next morning Stoker, acting for Fears, and Pessold and Charles Reinhardt Jr. went to Lebanon, and there the sale was consummated, the bill of sale and the key to the store being delivered to Charles Reinhardt Sr., and he paying therefor $900 in cash, and giving his note foi’ the residue of the purchase money, which note was afterwards paid. The purchase was made by Charles Reinhardt Sr. for the purpose of setting up his son, the plaintiff, in the jewelry business, and upon the completion of the purchase, he sent the bill of sale and the key of the store to the plaintiff at Centralia, and the latter thereupon took possession of the store and goods.

There is evidence tending to show that the plaintiff, and perhaps his father, at and prior to the time of the purchase, knew that Poe had failed in business and become insolvent, but beyond this, so far as we are able to discover, there is no evidence of any knowledge on their part or of notice to them of any fraudulent transaction on the part of Poe. A few days after the plaintiff took possession, the attaching creditors sued out their writs of attachment, and caused the same to be levied upon the stock of goods in question as the property of Poe. To regain possession of the goo