Legal Opinion

First National Bank v. Pease

Illinois Supreme Court

Decided November 1, 1897PublishedCited by 18 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding.

1Opinion of the CourtChief Justice Phillips

• The material question in this case is, whether the drawer of a bill or check may recover the amount named therein from a bank on which such bill or check is drawn, where the bank has paid the same on a forged indorsement of the name of the payee. If the check becomes the property of the payee by coming to his hands, the liability of the bank would be to such payee for a wrongful payment to another. If the payee named in the check or bill had no interest therein and it never passed into such payee’s hands, and the payee’s name was indorsed thereon as a forgery, then the drawer has never…

2Cases cited2 opinions

  1. Bank of British North America v. Merchants' National BankNew York Court of Appeals · 1883
  2. Morgan v. Bank of State of New YorkThe Superior Court of New York City · 1853

3Cited by18 opinions

  1. McCornack v. Central State BankSupreme Court of Iowa · 1926
  2. Crahe v. Mercantile Trust & Savings BankIllinois Supreme Court · 1920
  3. Harmon v. Old Detroit National BankMichigan Supreme Court · 1908
  4. Douglass v. WonesAppellate Court of Illinois · 1983
  5. P.M.F. Services, Inc. v. GradyDistrict Court, N.D. Illinois · 1988

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