Dillaway v. Northwestern National Bank
Appellate Court of Illinois
Assnmpsit, on a certified check. Trial in the Circuit Court of Cook County ; the Hon. Elbkidge Hanecy, Judge, presiding. Finding and judgment for defendant; appeal by plaintiff. Heard in this court at the October term 1898.
1Opinion of the CourtJustice Sears
The principal question presented is whether, in case a bank has, through mistake, certified a check for an amount greater than the drawer then has on deposit, it may, upon discovering the mistake, and after the check has been delivered by the bank with certification to the holder, and upon again getting temporary pessession of it, then cancel the certification and thereby make the certification of no effect as between the holder and the bank, no rights of other parties having intervened, and the holder having in no way changed his situation or rights between the certifying and the…
2Cases cited7 opinions
- First Nat. Bank of Jersey City v. . LeachNew York Court of Appeals · 1873
- Coates v. PrestonIllinois Supreme Court · 1882
- Irving Bank of New York v. WetheraldNew York Court of Appeals · 1867
- American Exchange National Bank v. GreggIllinois Supreme Court · 1891
- Metropolitan National Bank v. JonesIllinois Supreme Court · 1891
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3Cited by2 opinions
- Plantations Bank of Rhode Island v. DESROMIERSupreme Court of Rhode Island · 1967
- National Plumbing & Heating Supply Co. v. First National BankAppellate Court of Illinois · 1931