Legal Opinion

First National Bank v. Bank of Whittier

Illinois Supreme Court

Decided April 17, 1906PublishedCited by 4 opinions

Appeal from the Branch. Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jeese Holdom, Judge, presiding. -This is an action of assumpsit, brought in the Superior Court of Cook county in the summer of 1901 by. the Bank of Whittier, appellee herein, against appellant, the First National Bank of Chicago, to recover the amount of a certificate of deposit for $1650.00 issued by oné D. F. Parsons, a banker,…

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Appeal from the Branch. Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jeese Holdom, Judge, presiding. -This is an action of assumpsit, brought in the Superior Court of Cook county in the summer of 1901 by. the Bank of Whittier, appellee herein, against appellant, the First National Bank of Chicago, to recover the amount of a certificate of deposit for $1650.00 issued by oné D. F. Parsons, a banker, which certificate the. appellant undertook to collect for appellee. The trial court rendered judgment in favor of the…

1Opinion of the CourtJustice Magruder

First—A bank, to which a note or certificate of deposit or other obligation is given for collection, is not in the exercise of ordinary care, when it sends such note or certificate of deposit or other obligation directly to the payor for collection, but is guilty of negligence in so doing. (Drovers’ Nat. Bank v. Packing Co. 117 Ill. 100; 1 Morse on Banks and Banking,—4th ed.—p. 467; First Nat. Bank v. Citizens’ Savings Bank, 123 Mich. 336; German Nat. Bank v. Burns, 12 Col. 539).

In the case at bar, the appellant bank received the certificate of deposit in question for collection. It sent the…

2Cases cited6 opinions

  1. Browne v. SiegelIllinois Supreme Court · 1901
  2. Drovers' National Bank v. Anglo-American Packing & Provision Co.Illinois Supreme Court · 1886
  3. Wilson v. Carlinville National BankIllinois Supreme Court · 1900
  4. First National Bank v. Citizens' Savings BankMichigan Supreme Court · 1900
  5. Waterloo Milling Co. v. H. Kuenster & Co.Illinois Supreme Court · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
  2. Leach v. Citizens' St. Bank of ArthurSupreme Court of Iowa · 1926
  3. Transcontinental Oil Co. v. Federal Reserve BankSupreme Court of Minnesota · 1927
  4. Wingfield v. Security National BankSouth Dakota Supreme Court · 1917

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