Thompson v. Elliott
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee county; the Hon. Nathaniel J. Pillsbuby, Judge, presiding. This was a suit brought by N. C. Thompson & Co. against Mansfield Elliott, before a justice of the peace, upon a promissory note for $70, executed by Elliott, dated Clifton, July 24, I860, payable to the order of Thompson & Co., at the office of G-. E. Boucher & Co., Clifton, on or before Nov. 1,1865. The defendant relied upon a receipt, of which the following is a copy: “…
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Appeal from the Circuit Court of Kankakee county; the Hon. Nathaniel J. Pillsbuby, Judge, presiding. This was a suit brought by N. C. Thompson & Co. against Mansfield Elliott, before a justice of the peace, upon a promissory note for $70, executed by Elliott, dated Clifton, July 24, I860, payable to the order of Thompson & Co., at the office of G-. E. Boucher & Co., Clifton, on or before Nov. 1,1865. The defendant relied upon a receipt, of which the following is a copy: “ Clifton, Aug. 21, 1865. “ Received of Mansfield Elliott the sum of one hundred and thirty-five dollars, being payment of…
1Opinion of the CourtJustice Scholfield
We do not conceive that the question involved in the present case is so much one of law as of fact. The doctrine is pretty well settled, and is not controverted by appellee, that an agent employed to make or negotiate a contract is not, as of course, to be treated as having an incidental authority to receive payments which may become due on such contract. 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 due, and not before it becomes due; but if…
2Cited by14 opinions
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