Barker v. Barth
Illinois Supreme Court
Writ oe Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. This suit was brought up on writ of error from this court to the Appellate Court, which affirmed a judgment in the lower court in favor of Barth, the defendant in error, against Barker, the plaintiff in error, in an action of as-' sumpsit for use of the Union National Bank of Chicago.
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Writ oe Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Charles G. Neely, Judge, presiding. This suit was brought up on writ of error from this court to the Appellate Court, which affirmed a judgment in the lower court in favor of Barth, the defendant in error, against Barker, the plaintiff in error, in an action of as-' sumpsit for use of the Union National Bank of Chicago. As early as May 29,1893, Barker delivered a note without endorsement, and fifty shares of stock in the Edward Hines Lumber Company,…
1Opinion of the CourtJustice Ricks
The main question in this case is, could Barth set off the note given by Barker to McElwee & Carney of $4573.94, bought by him for $750, against his note for $5000, and interest, sued on by Barker for the use of the Union National Bank of Chicago, and if so, whether for the full amount or the amount paid for the note sought to be set off.
The bank received the Barth note from Barker as early as May 29, 1893, as a pledge for moneys previously obtained, without endorsement. This note was taken by Mr. Odell, president of the Union National Bank, with other paper, the other paper being endorsed.…
2Cases cited1 opinion
- Wade v. Chicago, Springfield & St. Louis RailroadSupreme Court of the United States · 1893
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- Hibernian Banking Ass'n v. City of ChicagoAppellate Court of Illinois · 1913
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