Legal Opinion · Dissent

First National Bank v. Brooks

Appellate Court of Illinois

Decided January 15, 1887Published

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.”…

1DissentWelch, J.

I do not concur in the reasoning or the conclusion reached by my brethren in this case. The 8th section of the act of Congress under which national banks are organized, makes them banking corporations with “ all such incidental' powers as shall be necessary to carry on the business of banking by discounting and negotiating promissory notes, drafts, bills of exchange, or other evidence of debt; by receiving deposits; by buying and selling exchange, coin and bullion; by loaning money on personal security; and by obtaining, issuing and circulating notes according to the provisions of the act.”…

2Cases cited12 opinions

  1. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  2. Fleckner v. President of the Bank of the United StatesSupreme Court of the United States · 1823
  3. Marine Bank v. Fulton BankSupreme Court of the United States · 1865
  4. Commercial Bank v. HughesNew York Supreme Court · 1837
  5. First Nat. Bank v. . Ocean Nat. BankNew York Court of Appeals · 1875

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