Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 49 (April Term, 1863, September Term, 1867, September Term, 1868, And January Term, 1869)
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In the present case, if Lamb & Qiiinlin obtained passession of the flour, knowing that they would suspend paynient the next day, and not expecting to pay for it when they gave the order for its delivery, it would, undoubtedly, be such a fraud as would enable the vendors to rescind the sale as against them. But before the sale was rescinded, Lamb & Quinlin had delivered the flour to the Savings Institution, as security for an advance of money, for the delivery of the bill of lading was the same ...thing as the delivery of the flour, as was said in Barton v. Caryea^ ubi supra. It was a symbolical delivery — a delivery of the indicia of ownership — and as against the Savings Institution, the appellees had no right of rescission, or to a return of the flour. They had sold it and voluntarily delivered it, and thereby enabled Lamb &, Quinlin to obtain credit, by pledging it to innocent parties. It is not pretended that the Savings Institution had notice, or were apprised of any facts which should have put them on inquiry.
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