Legal Opinion

Brahm v. Adkins

Illinois Supreme Court

Decided January 15, 1875PublishedCited by 22 opinions

Appeal from the Circuit Court of Menard county; the Hon. Lyman Lacey, Judge, presiding. This was an action of assumpsit, by John P. Adkins against John A. Brahm and William G. Greene, bankers, to recover the amount of a certain deposit. On the trial the plaintiff offered in evidence a paper, or memorandum, which is as follows: “ Brahm & Greene, Bankers.

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Appeal from the Circuit Court of Menard county; the Hon. Lyman Lacey, Judge, presiding. This was an action of assumpsit, by John P. Adkins against John A. Brahm and William G. Greene, bankers, to recover the amount of a certain deposit. On the trial the plaintiff offered in evidence a paper, or memorandum, which is as follows: “ Brahm & Greene, Bankers. Petersburg, III., May 12th, 1873. Deposited by John P. Adkins: Rup & G. on track.........................$825.00 “ “ “ .......................... 169.65 $994.65 Off..................................... 194.65 $800.00 Brahm & Greene, per Z.”

1Opinion of the CourtJustice McAllister

This was an action of assumpsit, in the Menard circuit court, by appellee against appellants, to recover of the latter, as bankers, a balance of an amount deposited by appellee with them.

Upon the trial, on general issue pleaded, the plaintiff gave in evidence a mere written memorandum, showing the several amounts deposited with defendants, as bankers. There was no evidence of any demand. The plaintiff recovered. The defendants tendered a bill of exceptions, showing that the above was all the evidence, and appealed to this court.

The paper introduced in evidence showed merely the fact that…

2Cases cited4 opinions

  1. Boyden v. President of the BankSupreme Court of North Carolina · 1871
  2. In re the President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828
  3. Marine Bank v. RushmoreIllinois Supreme Court · 1862
  4. McEwen v. DavisIndiana Supreme Court · 1872

3Cited by22 opinions

  1. Meadowcroft v. PeopleIllinois Supreme Court · 1896
  2. Officer v. OfficerSupreme Court of Iowa · 1903
  3. Metropolitan National Bank of New York v. LoydNew York Court of Appeals · 1882
  4. Elliott v. Capital City State BankSupreme Court of Iowa · 1905
  5. Ward v. JohnsonIllinois Supreme Court · 1880

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