Union National Bank v. Barth
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G-. Neeley, Judge, presiding. In the present case the suit below was prosecuted to judgment in the name of Samuel B. Barker for the use of the present appellant, the Union National Bank of Chicago. The appellant, the usee, prosecuted an appeal to the Appellate Court in its own name.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Charles G-. Neeley, Judge, presiding. In the present case the suit below was prosecuted to judgment in the name of Samuel B. Barker for the use of the present appellant, the Union National Bank of Chicago. The appellant, the usee, prosecuted an appeal to the Appellate Court in its own name. The Appellate Court dismissed the appeal, because it was taken in the name of the party for whose use the suit was brought, and without the use of the name of the nominal…
1Per curiam
The Appellate Court, in dismissing the appeal, delivered the following opinion, speaking through Mr. Justice Adams:
“Samuel B. Barker, plaintiff in the trial court, sued L. L. Barth, the appellee, in assumpsit, for the use of the Union National Bank of Chicago, appellant, on a promissory .note for the sum of $5000, across the face of which note was written the words, ‘This note is non-negotiable.’ It appears that the note was deposited by Barker with the Union National Bank as collateral security for his indebtedness to the bank. The declaration was filed in the name of Barker, as plaintiff,…
2Cases cited7 opinions
- Tedrick ex rel. Ruffner v. WellsIllinois Supreme Court · 1894
- Glennon v. BrittonIllinois Supreme Court · 1895
- Hileman v. BealeIllinois Supreme Court · 1886
- American Express Co. v. HaggardIllinois Supreme Court · 1865
- Robinson ex rel. Cooper v. MagarityIllinois Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Macartney v. ShipherdOregon Supreme Court · 1911
- City of Portland v. NottinghamOregon Supreme Court · 1911
- Reardon v. YoungquistAppellate Court of Illinois · 1914
- People Ex Rel. Galloway v. Franklin County Building Ass'nIllinois Supreme Court · 1928
- Gates v. ThedeAppellate Court of Illinois · 1900
9 more not listed; retrieve them via the Exa API.