Legal Opinion

Johnson v. People

Appellate Court of Illinois

Decided March 1, 1881Published

Appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding. Harvey B. Hurd, the relator,'filed his petition for a mandamus against the county treasurer of Cook county, to compel the payment of the following order: “Ho. 19,938. §250.00. “ State of Illinois, ) “ Cook County, j Cook County Order.

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Appeal from the Circuit Court of Cook county; the Hon. T. A. Moran, Judge, presiding. Harvey B. Hurd, the relator,'filed his petition for a mandamus against the county treasurer of Cook county, to compel the payment of the following order: “Ho. 19,938. §250.00. “ State of Illinois, ) “ Cook County, j Cook County Order. “Chicago, June 1, 1877. “The treasurer of Cook county will pay John Comisky or order, two hundred and fifty dollars for clerk of board, out of monejs in the treasury not otherwise appropriated. “ Countersigned and registered. “ L. C. Huck, Treasurer. Herman Lieb, Clerk.” This…

1Opinion of the CourtBailey, J.

Ordinary county orders or warrants are not commercial or negotiable paper, so as to be protected in the hands of l>ona fide assignees for value, from such equities and defenses as would be available against the original payees. This proposition is fully sustained by the authorities. Knapp v. Mayor, etc., of Hoboken, 10 Vroom, 394; Town of Hackettstown v. Swackhamer, 8 Id. 191; The Mayor v. Ray, 19 Wal. 468; Emery v. Inhabitants of Mariaville, 56 Me. 315; Sturtevant v. Inhabitants of Liberty, 46 Id. 457; Willey v. Greenbush, 30 Id. 452; The People v. Gray, 23 Cal. 125; Keller v. Hicks, 22 Id.…

2Cases cited5 opinions

  1. People ex rel. Besse v. Village of CrottyIllinois Supreme Court · 1879
  2. Clark v. Polk CountySupreme Court of Iowa · 1865
  3. Hyde v. County of FranklinSupreme Court of Vermont · 1855
  4. Emery v. Inhabitants of MariavilleSupreme Judicial Court of Maine · 1868
  5. People ex rel. Barry v. GrayCalifornia Supreme Court · 1863

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