Munn v. Burch
Illinois Supreme Court
This was a bill in chancery by appellants, against appellees, to compel payment of a check drawn by 0. Wright on appellees’ bank. On the 5th September, 1857, complainants, who are grain merchants in Chicago, sold to one Bissell a quantity of wheat, to be paid for by C. Wright, who, on the same day, being Saturday, gave to complainants, in part payment, a check for $6,500 on the bank of Burch & Co., where he kept his bank account.
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This was a bill in chancery by appellants, against appellees, to compel payment of a check drawn by 0. Wright on appellees’ bank. On the 5th September, 1857, complainants, who are grain merchants in Chicago, sold to one Bissell a quantity of wheat, to be paid for by C. Wright, who, on the same day, being Saturday, gave to complainants, in part payment, a check for $6,500 on the bank of Burch & Co., where he kept his bank account. The same day complainants deposited this check with George Smith & Co., with whom they kept their account. On the next Monday morning, Smith & Co. sent this check to…
1Opinion of the CourtCaton, C. J.
But few questions have been presented to this court of greater commercial importance than this, and although we propose to discuss it in very few words, it has been the subject of much anxious thought and examination, before a final determination has been arrived at. The question presented involves the inquiry as to the true relation existing between the banker, the depositor, and the public; or, in other words, any one who holds and presents the check of the depositor upon the banker.
The convenience of commerce upon this, as upon most other commercial subjects, has made its mark, and beaten…
2Cited by58 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Bank of Antigo v. Union Trust Co.Illinois Supreme Court · 1894
- Kile v. Town of YellowheadIllinois Supreme Court · 1875
- Grammel v. CarmerMichigan Supreme Court · 1884
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