Sturges' Sons v. Metropolitan National Bank of New York ex rel. Field
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of assumpsit on a bill of exchange, instituted in the court below by the appellee, the Metropolitan Mational Bank of Mew York, for the use of Field, Palmer & Leiter, against the appellants, Albert Sturges and Buckingham Sturges.
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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of assumpsit on a bill of exchange, instituted in the court below by the appellee, the Metropolitan Mational Bank of Mew York, for the use of Field, Palmer & Leiter, against the appellants, Albert Sturges and Buckingham Sturges. The cause was tried before the court and a jury, and a verdict found for the plaintiff for the sum of $10,885, upon which judgment was rendered, to reverse which, the record is brought to this court by appeal.
1Opinion of the CourtChief Justice Breese
This is a contest between opposing equities, and the question is, which should prevail.
Appellants make several points. 1st. That the effect of the endorsement of the bill to the Metropolitan Bank for the use of appellees, was to vest in the bank the legal title to the paper, while the equitable title vested in appellees. 2d. The bank has the legal title, but it has no equities, having parted with no consideration for the bill, and therefore ought not to prevail against the equities of appellants. 3d. The bill sued on having been made payable in Mew York, and having been endorsed and…
2Cases cited6 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Brown v. TaberNew York Supreme Court · 1830
- Hall v. HaleSupreme Court of Connecticut · 1831
- Pringle v. PhillipsThe Superior Court of New York City · 1851
- Commonwealth v. MessengerMassachusetts Supreme Judicial Court · 1808
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3Cited by4 opinions
- Bradwell v. PryorIllinois Supreme Court · 1906
- Prins v. South Branch Lumber Co.Appellate Court of Illinois · 1886
- Bradwell v. PryorAppellate Court of Illinois · 1905
- Merritt v. DeweyAppellate Court of Illinois · 1904