First National Bank v. Southworth
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the City Court of Litchfield; the Hon. Paul McWilliams, Judge, presiding.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the City Court of Litchfield; the Hon. Paul McWilliams, Judge, presiding. This was an action of trover, brought in the city court of Litchfield by Mary A. Southworth, the appellee, against the First National Bank of Litchfield, Illinois, the appellant, to recover the value of a promissory note and real estate mortgage securing it, which, it is claimed, have been converted by appellant. The general issue was the only plea filed. The case was heard by the court without a jury, by agreement of the…
1Opinion of the CourtJustice Scott
Appellant urges that the provision in the instrument of March 6, reciting that the Blankley note and mortgage had been deposited with the bank as collateral security for all present demands of the bank against “the undersigned,” included within its terms, as a present demand against “the undersigned,” the note for $750 which was at that time a demand of the bank against E. Southworth alone. We do not so construe that provision. The instrument was signed by Mary A. Southworth and E. Southworth, who jointly, and in no other way, answer to the description of “the undersigned,” as those words are…
2Cited by8 opinions
- Farmers' & Merchants' Bank v. DaviesSupreme Court of Louisiana · 1919
- Hopkins Place Savings Bank v. HolzerCourt of Appeals of Maryland · 1938
- McCrea v. First Nat. Bank of AustinSupreme Court of Minnesota · 1925
- Beckstrom v. KroneAppellate Court of Illinois · 1906
- McCamey v. First Nat. Bank of Wichita FallsCourt of Appeals of Texas · 1934
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