Rounds v. Smith
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. Yak H. Higgins, Judge, presiding. This was an action of assumpsit, brought in the Superior Court of Chicago, on the following instruments in writing: Ho. 579. Chicago, September 30th, 1864. Western Marine and Fire Insurance Company: Pay L. Johnson and Co. note or bearer five thousand dollars, and charge account of S. P. Rounds, per Wheeler. Indorsed, “ Good, W. S. Smith, Teller.”
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Appeal from the Superior Court of Chicago; the Hon. Yak H. Higgins, Judge, presiding. This was an action of assumpsit, brought in the Superior Court of Chicago, on the following instruments in writing: Ho. 579. Chicago, September 30th, 1864. Western Marine and Fire Insurance Company: Pay L. Johnson and Co. note or bearer five thousand dollars, and charge account of S. P. Rounds, per Wheeler. Indorsed, “ Good, W. S. Smith, Teller.” The other instrument was like the above, in all respects, except in amount, this being for three hundred and six dollars and seventy cents, also indorsed, “ Good,…
1Opinion of the CourtJustice Beeese
This case, in all its important features, is the same as the case of Bickford v. The First National Bank, ante, and must be decided in the same way.
This case was tried by a jury, and the questions arising on the record come up on exceptions of appellant to instructions.
As in that case, so in this, there was no proof that the amount of the check was actually charged in account against the drawer, thereby depriving him of the control of it so that he could not use it for any purpose. W. S. Smith, the teller, testified that he had in his own mind, by a mental operation, charged the check in…
2Cited by7 opinions
- Born v. First National BankIndiana Supreme Court · 1890
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Minot v. RussMassachusetts Supreme Judicial Court · 1892
- Larsen v. BreeneSupreme Court of Colorado · 1889
- Connor v. BeckerNebraska Supreme Court · 1898
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