Prairie State Loan & Building Ass'n v. Nubling

Mr. Presiding Justice Gary

delivered the opinion op the Court.

Jacob David was the secretary of the appellant, and under its by-laws it was part of his duty “ to receive all money paid in to the association and hand the same over promptly to the treasurer, taking his receipt therefor.”

The appellee paid to David, under color of having shares in the association, so much money that on account thereof the association accepted from David, as so much cash to the credit of his account, one warrant by the appellant on its treasurer, payable to the order of the appellee, for $325, dated June 13, 1889,…