Troike v. Cook County Savings Bank
Appellate Court of Illinois
Bill to enforce alleged trust. Appeal from the Circuit Court of Cook County; the Hon. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1905.
1Opinion of the Court
Mb. Reesiding Justice Smith
delivered the opinion of the court.
Appellant in argument bases his right to a decree on three grounds: First, that a trust attached to the funds, deposited with Schumacher which followed the funds in the hands of the bank; second, that the check for $2,500 amounted to an equitable assignment of the funds in the bank to the credit of Schumacher to the extent of the amount of such credit; and third, that under the circumstances equity will rescind the entire transaction between complainant and Schumacher and hold the money as belonging to complainant.
The only…
2Cases cited3 opinions
- Wetherell v. O'BrienIllinois Supreme Court · 1892
- Coates v. PrestonIllinois Supreme Court · 1882
- Rouse v. CalvinAppellate Court of Illinois · 1898