Frankenthal v. Camp

• Decision Date: 30 September 1870
• Citation: 55 Ill. 169,1870 WL 6396
• Parties: EMANUEL FRANKENTHAL et al.v.WILLIAM F. CAMP.
• Court: Illinois Supreme Court

55 Ill. 169

1870 WL 6396 (Ill.)

EMANUEL FRANKENTHAL et al.

v.WILLIAM F. CAMP.

Supreme Court of Illinois.

September Term, 1870.

APPEAL from the Circuit Court of Cook county; the Hon. ERASTUS S. WILLIAMS, Judge, presiding.

This was an action on the case, brought by Camp against Frankenthal and others. The declaration alleged that “the plaintiff, before and at the time of the committing of the grievances by the said defendants, as hereinafter mentioned, held and enjoyed certain premises, with the appurtenances, situate and being in said city of Chicago. That said premises were leased to said plaintiff by a certain person named Charles M. Smith, for a period of three months, to-wit: from the first day of May, A. D. 1868, to August 1, A. D. 1868, said premises being known as number 170 North Water street in said city. Plaintiff further avers that he occupied said premises until the third day of September, A. D. 1868, and that on the last mentioned date the said defendants, to-wit: at Chicago aforesaid, wrongfully seized and distrained divers goods and personal property in said premises contained, to-wit.:” (describing the property taken) “of great value, to-wit: of the value of $763.70. And afterwards, to-wit: on the day and year last aforesaid, to-wit: at Chicago aforesaid, under color of said distress, the said defendants took the key of said premises from Patrick Hogan, a man employed by said plaintiff in the premises, and locked and closed up said establishment, known as aforesaid. Said plaintiff further avers that during the period of his occupancy of said premises, he carried on in and upon said premises the business of rectifier and liquor dealer. Plaintiff further avers that the relation of landlord and tenant, with reference to said premises, never existed between him and said defendants, and that the said distress warrant, directed to the sheriff, or any constable of said county, and signed by E. Frankenthal & Co., and bearing date the third of September, 1868, was injuriously and wrongfully levied upon the goods and chattels aforesaid, on the date aforesaid. And the said plaintiff further avers that since the execution of said distress warrant upon the goods and chattels aforesaid, no further steps have been taken by said defendants towards perfecting said distress. And the said plaintiff further avers that on the twenty-eighth day of August, A. D. 1868, he, in good faith, sold the goods and chattels aforesaid to one George...