Northern Bank v. Zepp
Illinois Supreme Court
This was an action of assumpsit. The declaration contains a special count on a certificate of deposit payable in “ currency.” The defendant below, appellant here, pleaded, first, the general issue. 3rd.
Read the full summary
This was an action of assumpsit. The declaration contains a special count on a certificate of deposit payable in “ currency.” The defendant below, appellant here, pleaded, first, the general issue. 3rd. That defendant was a corporation, (and existed only as such) organized under the general banking laws of this State in November, 1852, and did business as a bank of issue, discount and deposit in the State; that on the 23rd day of September, 1859, it made, and filed in the auditor’s office, a certificate of its desire to withdraw its bills from circulation; that the causes of action declared…
1Opinion of the Court
"Walkee, J.
The decision of the court below, in sustaining demurrers to defendant’s third and seventh pleas, is assigned for error. They are substantially the same, and present but one question. They allege, that the defendant was a bank, regularly incorporated, in this State, under and in accordance with the general hanking laws of the State. That on the 23rd day of September, 1859, it as such bank filed with the auditor of public accounts a written certificate of its desire to withdraw its notes from circulation. That plaintiff’s cause of action arose out of transactions occurring…
2Cases cited2 opinions
- Swift v. WhitneyIllinois Supreme Court · 1858
- Trowbridge v. SeamanIllinois Supreme Court · 1859
3Cited by1 opinion
- State v. Farmer's State BankNorth Dakota Supreme Court · 1932