Magee v. Carmack
Illinois Supreme Court
Carmacic su'ed Magee before a justice of the peace to recover ten dollars, the amount of a ten-dollar bill of the Bank of St. Clair, in the State of Michigan, which Magee had paid to Car-mack for flour. Carmack recovered a judgment before the justice, and Magee appealed to the Circuit Court of McDonough county.
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Carmacic su'ed Magee before a justice of the peace to recover ten dollars, the amount of a ten-dollar bill of the Bank of St. Clair, in the State of Michigan, which Magee had paid to Car-mack for flour. Carmack recovered a judgment before the justice, and Magee appealed to the Circuit Court of McDonough county. In the Circuit Court, Minshall, Judge, presiding, at April term, 1851, the cause was submitted to a jury for trial, and a verdict was again found for Carmack, and a judgment was rendered accordingly. Magee entered a motion for a new trial, which was overruled. The bill was paid to…
1Opinion of the CourtCaton, J.
The question whether a payment made in the notes of a broken bank, when such notes are current at the time and place of payment, both parties being ignorant of the failure of the bank, is one upon which the courts of several of the States have disagreed; and as it does not necessarily arise in the decision of this case, we reserve an opinion upon it for the present. In this case the bill was not current at the time and place of payment, nor had it been for many years. The bank had failed some twelve years before; its notes did not circulate as money in McDonough county, and were of no value…
2Cases cited1 opinion
- Simms v. ClarkIllinois Supreme Court · 1849
3Cited by4 opinions
- State v. WilsonTexas Supreme Court · 1888
- Schrœder v. HarveyIllinois Supreme Court · 1874
- Continental National Bank v. Metropolitan National BankAppellate Court of Illinois · 1903
- Hughes v. KelloggNebraska Supreme Court · 1874