Merchants National Bank v. Ritzinger
Appellate Court of Illinois
Appeal from the Superior Court of Cook county; the Hen. Joseph E. Cart, Judge, presiding. This was an action of assumpsit, brought by Augustus W. and Frank L. Bitzinger, copartners under the firm name of Bitzinger & Co., against the Merchants National Bank of Chicago, upon a bill of exchange or check for $2,000, drawn upon the defendant by A. & J. S. C. Harrison, of Indianapolis, Indiana, payable to the order of William Haerle, and by him indorsed to the plaintiffs.
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Appeal from the Superior Court of Cook county; the Hen. Joseph E. Cart, Judge, presiding. This was an action of assumpsit, brought by Augustus W. and Frank L. Bitzinger, copartners under the firm name of Bitzinger & Co., against the Merchants National Bank of Chicago, upon a bill of exchange or check for $2,000, drawn upon the defendant by A. & J. S. C. Harrison, of Indianapolis, Indiana, payable to the order of William Haerle, and by him indorsed to the plaintiffs. Said bill of exchange or check bore date July 19, 1884, and was of the tenor following: $2,000. Two Thousand Dollars. Original.…
1Opinion of the CourtBailey, P. J.
It is clear that the defendant had no such lien upon the funds of A. & J. C. S. Harrison, held by it on deposit, as authorized it to apply the same upon an indebtedness or liability of its depositors not yet due. Such is the settled law of this State. Fourth National Bank v. City National Bank, 68 Ill. 398; Commercial National Bank v. Proctor, 98 Id. 558 ; Bank of North America v. Indiana Banking Co., 114 Id. 483. The attempt to apply the amount of said deposit to the payment of the Dickson note, which had not yet matured, must be regarded as wholly nugatory, and as in no way affecting the…
2Cases cited2 opinions
- Munn v. BurchIllinois Supreme Court · 1860
- Fourth National Bank v. City National BankIllinois Supreme Court · 1873
3Cited by4 opinions
- Columbia National Bank v. German National BankNebraska Supreme Court · 1898
- Elzy ex rel. Farmers' Bank of Gays v. MorrisonAppellate Court of Illinois · 1913
- Levinson v. Home Bank & Trust Co.Appellate Court of Illinois · 1929
- First National Bank v. KeithAppellate Court of Illinois · 1899