Legal Opinion

Union National Bank v. Hines

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 5 opinions

Appeal from the Appellate Court for tile First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding.

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Appeal from the Appellate Court for tile First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. These two appeals, which involve the same matter, grew out of a suit in equity originally begun in the superior court of Cook county by Edward Hines, complainant,' against the Union National Bank of Chicago and S. B. Barker, defendants, to enjoin the bank from selling certain stock of the Edward Hines Lumber Company which it held as collateral security. The facts alleged in the bill are, that on September 29, 1892, Edward…

1Opinion of the CourtJustice Wilkin

We concur in the view of the Appellate Court that it is immaterial when the bank acquired possession of the $15,000 note and the stock certificates, there being no dispute as to the fact that Hines had no notice of the transfer of possession from Barker to the bank until long after he claims to have made the contract of guaranty to McElwee & Carney, and after he had acquired the notes given by Barker to them. The note, with the statement on the face, “This note is non-negotiable,” was a non-negotiable instrument, and while it could, notwithstanding that fact, be transferred to a third party…

2Cited by5 opinions

  1. Union National Bank v. HinesIllinois Supreme Court · 1900
  2. Northern Trust Co. v. Village of WilmetteIllinois Supreme Court · 1906
  3. Bank of Montreal v. ClarkAppellate Court of Illinois · 1903
  4. Barker ex rel. Union National Bank v. BarthAppellate Court of Illinois · 1900
  5. Union National Bank v. HinesAppellate Court of Illinois · 1900

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