First National Bank v. Brooks
Appellate Court of Illinois
In error to the Circuit Court of Warren County; the Hon. John J. Glenn, Judge, presiding. Statement by Lacey, J. This was an action in assumpsit, by defendant in error against plaintiff in error, based on the fo1lowing certificate of deposit, viz: “Deposited with First National Bank, by William H, Brooks.” “ Monmouth, III., June 2,1883. “Dolls. Cents.
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In error to the Circuit Court of Warren County; the Hon. John J. Glenn, Judge, presiding. Statement by Lacey, J. This was an action in assumpsit, by defendant in error against plaintiff in error, based on the fo1lowing certificate of deposit, viz: “Deposited with First National Bank, by William H, Brooks.” “ Monmouth, III., June 2,1883. “Dolls. Cents. “ Currency.................. ......... |800. “ To be indorsed on his note held by John Brown, or loaned for his use in case Brown won’t receive said money. “B. T. O. Hubbard, 1 Ce.’” The character used was always for that of cashier. The c6 Ce.”…
1Opinion of the CourtLacey, J.
The certificate of deposit, whatever interpretation may be placed on it, is in wilting, and we are not obliged to resort to uncertain parol testimony to determine its terms. It purports on its face to be an ordinary contract for the general deposit of money with two requests thereunder written: 1st. An order to pay the amount of the money therein named to John Brown on defendant in error’s note held by him, if he would z’eceive it. 2d. In the contingency that Brown would not receive it the plaintiff in error was ordered to loan it out for defendant in error’s use. This certificate was…
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