Legal Opinion

Fifth National Bank v. Village of Hyde Park

Illinois Supreme Court

Decided September 26, 1881PublishedCited by 13 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit -Court of Cook county; the Hon. Murray F. Tuley, Judge, 'presiding. In April, 1873, A. D. Waldron became treasurer of the village of Hyde Park, and entered upon his duties as such. He continued to hold the office (being from time to time selected as his own successor) until May, 1878, when he was succeeded in that office by Geo. A. Follensbee.

Read the full summary

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit -Court of Cook county; the Hon. Murray F. Tuley, Judge, 'presiding. In April, 1873, A. D. Waldron became treasurer of the village of Hyde Park, and entered upon his duties as such. He continued to hold the office (being from time to time selected as his own successor) until May, 1878, when he was succeeded in that office by Geo. A. Follensbee. On May 20, 1873, he opened an account, in his individual name, with the Fifth National Bank of Chicago, in which account he deposited funds of the…

1Opinion of the CourtJustice Diokey

It is conceded that no one had the slightest suspicion that Waldron was a defaulter, until some time in 1878, and about the first of May of that year. There is nothing in the proofs tending to show that any of the officers of the bank had any suspicion that Waldron was, or had at any time been, applying the moneys of the village to the payment of any claim or demand which (as between him and the village) he was in duty bound to pay from his own personal funds.

It is insisted by counsel for the village of Hyde Park, that the several loans made of this bank by Waldron in his own name, and upon…

2Cases cited1 opinion

  1. Field v. SchieffelinNew York Court of Chancery · 1823

3Cited by13 opinions

  1. Massachusetts Bonding & Insurance v. Standard Trust & Savings BankIllinois Supreme Court · 1929
  2. Bank of Giles County v. Fidelity & Deposit Co.Court of Appeals for the Fourth Circuit · 1936
  3. Sutton v. Eastern Viavi Co.Court of Appeals for the Seventh Circuit · 1943
  4. United States Fidelity & Guaranty Co. v. Citizens State BankNorth Dakota Supreme Court · 1917
  5. Kurowski v. BurchAppellate Court of Illinois · 1972

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API