First Natl. Bank of Decatur v. Priest
Illinois Supreme Court
Appeal from the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, commenced in the Circuit Court of Macon county, by Franklin Priest, for the use of James Millikin, against The First National Bank of Decatur, to recover a sum of money alleged to have been received by the Bank for the use of the plaintiff.
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Appeal from the Circuit Court of De Witt county; the Hon. John M. Scott, Judge, presiding. This was an action of assumpsit, commenced in the Circuit Court of Macon county, by Franklin Priest, for the use of James Millikin, against The First National Bank of Decatur, to recover a sum of money alleged to have been received by the Bank for the use of the plaintiff. The cause was removed by change of venue into the Circuit Court of De Witt county, where a trial resulted in a finding and judgment in favor of the plaintiff, for the sum of $5,266.25. The defendant thereupon took this appeal.
1Opinion of the CourtJustice Walker
It appears from the evidence in this case, that appellee employed appellant to ship for him to Eew York 398 barrels of whisky in bond; appellant had advanced appellee before that time $1,700, with which to pay costs of a litigation in the United States Court; appellant was to ship and sell it on commission, and retain of the proceeds the money advanced and a reasonable commission ; the whisky was shipped to a Eew York commission house and sold, and appellee calling at the bank soon afterwards, some time in August, 1867, applied to the cashier to learn the amount of the proceeds of the sale,…
2Cited by4 opinions
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Awotin v. Atlas Exchange National Bank of ChicagoAppellate Court of Illinois · 1932
- Wagner v. Chicago, Rock Island & Pacific Railway Co.Appellate Court of Illinois · 1916
- People ex rel. Kaskaskia Commons Permanent School Fund v. MitchellAppellate Court of Illinois · 1926