Buehler v. Galt
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Appellees were co-partners doing business in New York; Doering & LeOlair were, partners in the galvanized iron business in Chicago, and as such partners became indebted to appellees, for which indebtedness appellees held the firm’s acceptance, which was overdue and had gone to protest.
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding. Appellees were co-partners doing business in New York; Doering & LeOlair were, partners in the galvanized iron business in Chicago, and as such partners became indebted to appellees, for which indebtedness appellees held the firm’s acceptance, which was overdue and had gone to protest. In the forepart of April, 1888, Doering & LeClair dissolved partnership, and as a part of the agreement of dissolution a check drawn by Doering on appellant as banker, payable to John Gault & Son, the appellees, for…
1Opinion of the CourtMoran, J.
The making of a check, and having the same certified by a bank, passes no title to the funds on which the check is drawn to the person named as payee of the check. Hntil the check is delivered, no right accrues by virtue thereof to the payee. Was this check ever delivered to appellees? The placing of the check by Doering in the hands of Walther, to be forwarded to appellees, does not constitute a delivery, because Walther was not the agent of appellees, but of Doering; and there was no time, up to the moment when it was deposited in the mail box, when Doering might not have had it returned to…
2Cases cited1 opinion
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
3Cited by10 opinions
- Meister v. State National Bank of Connecticut (In Re Mailbag International, Inc.)United States Bankruptcy Court, D. Connecticut · 1983
- Gillespie v. Riley Management Corp.Illinois Supreme Court · 1974
- McIntire v. RaskinSupreme Court of Georgia · 1931
- Crisp v. State BankNorth Dakota Supreme Court · 1915
- Bunge Corp. v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1971
5 more not listed; retrieve them via the Exa API.