E. I. Tinkham & Co. v. Heyworth
Illinois Supreme Court
Appeal from tbe Superior Court of Chicago. E. I. Tinkham & Co. were bankers in the city of Chicago, and in the usual course of their business as such, collected notes, bills, drafts, etc., for their customers. Heyworth, the appellee, who was doing business in the same city as a merchant, under the name of J. O. Heyworth & Co., was a customer of these bankers, and kept a deposit account with them, drawing his money out as occasion required.
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Appeal from tbe Superior Court of Chicago. E. I. Tinkham & Co. were bankers in the city of Chicago, and in the usual course of their business as such, collected notes, bills, drafts, etc., for their customers. Heyworth, the appellee, who was doing business in the same city as a merchant, under the name of J. O. Heyworth & Co., was a customer of these bankers, and kept a deposit account with them, drawing his money out as occasion required. While this relation existed between the parties, Heyworth placed in the hands of the bankers a demand for $103.10 against one Tewksbury, for collection.…
1Opinion of the Court
Mr. Chief Justioe CatoN
delivered the opinion of the Court.
Were this action against an attorney, for not paying over money collected, we should not hesitate to hold that case would lie. W e think it is different in the case of a bank. Different duties and different' rights arise in the two cases. The bank receives no fee for its services, but only the use of the money until it shall be called for by the creditor, while the attorney is entitled to a direct reward, and has no right to use the money at all, but must pay it over to his client immediately, without demand. Money thus collected never…
2Cited by11 opinions
- Ward v. JohnsonIllinois Supreme Court · 1880
- Bowman v. First National BankWashington Supreme Court · 1894
- Union National Bank v. Citizens BankIndiana Supreme Court · 1899
- Hallam v. TillinghastWashington Supreme Court · 1898
- Commercial Nat. Bank of Hutchinson v. Heid Bros., Inc.Court of Appeals of Texas · 1920
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