First National Bank v. Leech
Illinois Supreme Court
Appeal from the Circuit Court of Massac county; the Hon. O. H. Harker, Judge, presiding. Appellees, on June 12, 1902, filed their bill of complaint in the circuit court of Massac county against appellant.
Read the full summary
Appeal from the Circuit Court of Massac county; the Hon. O. H. Harker, Judge, presiding. Appellees, on June 12, 1902, filed their bill of complaint in the circuit court of Massac county against appellant. The bill alleges that on January 10, 1896, one Frank Adams was appointed guardian of complainants, who were then minors, and as such guardian received from his predecessor $7037.12; that on January 20, 1896, Adams purchased a note for $4000, secured by a mortgage upon certain real estate, paying for the same out of said wards’ funds, and that the note and mortgage were duly assigned to him…
1Opinion of the CourtJustice Scott
The principal insistence of appellant is that the decree is not sustained by the evidence, and that the case made by the evidence, if any, does not conform to the allegations of the bill. The finding of the decree is that the allegations of the bill are true as therein stated. The bill alleges that Adams acquired the certificate of purchase with funds belonging to his wards, the appellees, and alleges that the bank took the assignment of the certificate with knowledge of that fact. No question is made as to the first of these charges, but it is insisted that the bank did not have notice. We…
2Cases cited5 opinions
- School Trustees v. KirwinIllinois Supreme Court · 1860
- Booth v. WileyIllinois Supreme Court · 1881
- Hunter v. StoneburnerIllinois Supreme Court · 1879
- Rice v. RiceIllinois Supreme Court · 1883
- Indiana, Illinois & Iowa Railroad v. SwannellIllinois Supreme Court · 1895
3Cited by4 opinions
- Svalina v. SaravanaIllinois Supreme Court · 1930
- Wobbe v. SchaubAppellate Court of Illinois · 1908
- Mississippi Lumber Co. v. JoiceAppellate Court of Illinois · 1912
- South Park Commissioners v. S. Karpen & Bros.Illinois Supreme Court · 1910