Don Speaks!

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Over the years I have often referred to my work in the law mines.  Yesterday I argued a case before the Third District Appellate Court in Illinois, Coal City Redi-Mix, et al, v. Pontiac Exchange.  The dispute was over which of these entities has the right to a motorcycle.  The case has a bit of significance under Illinois law since it will set a precedent as to the impact of citation to discover assets, a legal mechanism by which a creditor can find assets of a judgment debtor, liens on third parties, if the third party is a lender or a bona fide purchaser.  The case is somewhat technical in nature, but the oral argument was fun, and I thought some of my regular readers might find it enjoyable.  Go here and click on the audio link to Coal City Redi Mix v. Pontiac Exchange if you wish to listen to the oral argument.  If you do, I am sure you will come away thinking, “Don makes a living doing this type of thing?”.

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  1. I just always figured you made your fortune on blog-hits.

    …Bloggers don’t make a fortune on blog-hits? What do you do it for then, to impress the ladies?

  2. Well Mr. McClarey, you earn it!
    Tomorrow at 9?
    Please give us a follow up.

    It’s great to have a voice to your pen. (key’s)

    Your final argument was simple and clear. Oct. Mr. Cavanaugh didn’t own motorcycle, may have had privileges to “buy back” but at that time of service didn’t “own” bike.(?) More to it, but is that the meat of it?

  3. That is the nub of it Philip. The statute exempts from the citation lien lenders and bona fide purchasers. By the time my client was served with the third party citation the defendant had pawned his motorcycle to my client. Either as a lender or a bona fide purchaser no lien could attach to the motorcycle once it was pawned to my client. In about two weeks I should see whether the appellate court agrees with me.

  4. Interesting. Concur with Philip.
    But I think the old method of pistols at dawn provides a much more efficient and conclusive outcome. 🙂

  5. Don the Kiwi-


    I see Mr.McClarey with sword..on-guard.
    Fencing comes to mind in his pursuit for his clients interests. Pistols at dawn is poetic however. 🙂

  6. Don your voice sounds younger than I expected.
    Does this sort of thing happen all the time to pawnbrokers? Folks who are try to liquidate assets just prior to judgment/discovery? I can see how it could get out of hand. But, what is the alternative?

  7. “Does this sort of thing happen all the time to pawnbrokers?”

    Probably not, since this is the first case of this type in Illinois. A more common scenario is where people attempt to pawn stolen goods. The law is clear then that the pawnbroker will not have title, and therefore most pawnbrokers make strenuous efforts to assure that someone attempting to pawn an item is the actual legal owner.

  8. “A more common scenario is where people attempt to pawn stolen goods.”

    This is the case in Scotland and it has led to some wire-drawn distinctions between theft, where the pawnbroker gets no title and cases of “breach of trust and embezzlement” and of “falsehood, fraud and wilful imposition,” where he (usually) does. This is based on the Roman maxim that, where one reposes his trust, there he must seek it.

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