Marine Bank v. Ogden
Illinois Supreme Court
This was an action of assumpsit, brought by William B. Ogden, Mahlon D. Ogden, Edwin H. Sheldon, and Stanley H. Fleetwood, partners, transacting business under the name of Ogden, Fleetwood & Co., against the appellant, in the Superior Court of Chicago. The declaration contains only the common money counts. The plea is the general issue.
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This was an action of assumpsit, brought by William B. Ogden, Mahlon D. Ogden, Edwin H. Sheldon, and Stanley H. Fleetwood, partners, transacting business under the name of Ogden, Fleetwood & Co., against the appellant, in the Superior Court of Chicago. The declaration contains only the common money counts. The plea is the general issue. The material facts in the case are, that the defendant is a banking institution, organized under the general banking laws of the State in the year 1852. The Chicago Marine and Eire Insurance Company is a corporation, created by an act of the legislature,…
1Opinion of the CourtWalker, J.
At the time this deposit was made and the check was drawn in favor of Bailey, no agreement had been entered into by the parties to receive Illinois bank bills in ordinary business transactions. Mor does the deposit or bank account of appellee with appellant show such an agreement. There seems to be no question, if suit had been instituted on the day the draft was drawn, that money alone would have discharged the liability. It was a general and not a special deposit, and when made, bank paper was but slightly depreciated. Up to that time it is not probable any difference was made between bank…
2Cases cited1 opinion
- Munn v. BurchIllinois Supreme Court · 1860
3Cited by8 opinions
- People v. North River Sugar Refining Co.New York Circuit Court · 1889
- Cleveland Paper Co. v. Courier Co.Michigan Supreme Court · 1887
- Wilson v. Carter Oil Co.West Virginia Supreme Court · 1899
- Denver & N. O. R. Co. v. Atchison, T. & S. F. R. Co.District Court, D. Colorado · 1883
- Ross v. Wrightwood-Hampden Building Corp.Appellate Court of Illinois · 1933
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