American Exchange National Bank v. Loretta Gold & Silver Mining Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action of assumpsit brought by appellee against appellant to recover $750.00 deposited by appellee with appellant under the circumstances hereinafter stated. The declaration contained the common counts only, and the plea was the general issue.
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Appeal from the Appellate Court for the First District;-—heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. F. Dunne, Judge, presiding. This is an action of assumpsit brought by appellee against appellant to recover $750.00 deposited by appellee with appellant under the circumstances hereinafter stated. The declaration contained the common counts only, and the plea was the general issue. The case was tried before the court without a jury upon an agreed state of facts. Plaintiff requested the court to hold the following proposition of law: “The court holds, as a…
1Opinion of the CourtChief Justice Magruder
Appellee sent to appellant a draft for §750.00 saying: “Enclosed please find draft for §750.00 for credit of account Merchants’ National Bank, Great Falls, Montana, for the use of M. J. Dunn, our superintendent at Barker, Montana.” The letter enclosing the draft notified appellant, that the money did not belong to the Montana bank, but that such money belonged to appellee, or to Dunn, its superintendent in Montana. The appellant, at the time it received the money, was the correspondent at Chicago of the Montana bank, and the latter bank kept an account current with appellant. When the…
2Cases cited8 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- American Trust & Savings Bank v. Gueder & Paeschke Manufacturing Co.Illinois Supreme Court · 1894
- Cutler v. American Exchange National BankNew York Court of Appeals · 1889
- Bank of British North America v. CooperSupreme Court of the United States · 1890
- Brahm v. AdkinsIllinois Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Bryan, as Admrx. Coconut Grove Bank Tr. Co.Supreme Court of Florida · 1931
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Bank of Hickory v. McPhersonMississippi Supreme Court · 1912
- Peavy-Moore Lumber Co. v. First National BankTexas Supreme Court · 1939
12 more not listed; retrieve them via the Exa API.