Waterloo Milling Co. v. H. Kuenster & Co.
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Monroe county; the Hon. Benjamin R. Burroughs, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of Monroe county; the Hon. Benjamin R. Burroughs, Judge, presiding. This was an action of assumpsit, brought by the Waterloo Milling Company, against H. Kuenster and others, co-partners doing a banking business at Waterloo, Illinois, to recover certain moneys alleged to have been collected and received by the defendants from divers persons for the plaintiff, and as its agent. The defendants pleaded non assumpsit and gave notice of set-off, and on trial before the court, a jury being…
1Opinion of the CourtJustice Bailey
The controlling question in this case is, whether the First National Bank and the Bank of New Hanover, of Wilmington, North Carolina, to which the defendants transmitted the drafts in question for collection, were, in making the collections and remitting the money, the agents of the defendants or of the plaintiff. It appears from the stipulation of the parties that the drafts were delivered by the plaintiff to the defendants with bills of lading attached, to be transmitted by the defendants to Wilmington for collection. No instructions were given by the plaintiff to the defendants as to the…
2Cases cited11 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Green v. MarksIllinois Supreme Court · 1860
- Lawrence v. Stonington BankSupreme Court of Connecticut · 1827
- Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
- Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
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3Cited by6 opinions
- Malloy v. Federal Reserve Bank of RichmondDistrict Court, E.D. North Carolina · 1922
- First National Bank v. Bank of WhittierIllinois Supreme Court · 1906
- Carlinville National Bank v. WilsonAppellate Court of Illinois · 1898
- People ex rel. Nelson v. Peoples Bank & Trust Co.Appellate Court of Illinois · 1932
- Irwin v. Reeves Pulley Co.Indiana Court of Appeals · 1897
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