Legal Opinion

Lawther v. Thornton

Appellate Court of Illinois

Decided November 19, 1896Published

Bill, to foreclose mortgage. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding.

1Opinion of the CourtJustice Waterman

An agent intrusted with, and in possession of a negotiable or other instrument, is deemed by the fact of such possession to be authorized to receive payment of the instrument in accordance with its terms, when and after it became due, and not before.

The Supreme Court of this State in Thompson v. Elliott, 73 Ill. 221, says: “And it is further laid down by the authorities, that an agent, intrusted to receive payment of a negotiable or other instrument, is ordinarily deemed entitled to receive it only when and after it becomes due, and not before it becomes due; but if there be a known usage of…

2Cases cited8 opinions

  1. Doubleday v. . KressNew York Court of Appeals · 1872
  2. Keohane v. SmithIllinois Supreme Court · 1880
  3. Crane v. . GruenewaldNew York Court of Appeals · 1890
  4. Howard v. ScottSupreme Court of Vermont · 1877
  5. Thompson v. ElliottIllinois Supreme Court · 1874

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