Legal Opinion

Drovers' National Bank v. Anglo-American Packing & Provision Co.

Illinois Supreme Court

Decided May 15, 1886PublishedCited by 28 opinions

Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of .Cook county; the Hon. John Gr. Rogers, Judge, presiding. This was assumpsit, in the circuit court of Cook county, by appellee, against appellant.

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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of .Cook county; the Hon. John Gr. Rogers, Judge, presiding. This was assumpsit, in the circuit court of Cook county, by appellee, against appellant. The declaration contains but one count, and in that it is alleged that plaintiff gave the defendant bank a certified check of one Kieldsen, on Rice & Messmore, bankers of Cadillac, Michigan, to collect, but that the defendant failed to use due diligence in attempting to collect such check, and that while the defendant so held such check…

1Opinion of the CourtJustice Scholeield

Assuming, first, that appellant is not chargeable with knowledge of the existence of any other bank than that of Bice & Messmore, at Cadillac, Michigan, and second, that all the information it had, or could reasonably obtain at the time, in respect to the financial standing of Bice & Messmore, was, that they were solvent,—were Bice & Messmore suitable agents tti whom to transmit the certified check for collection after it was placed by appellee in appellant’s possession? We do not think it is of much consequence whether appellant took the check as a payment, on account, or for the purpose,…

2Cases cited1 opinion

  1. Turner v. DawsonIllinois Supreme Court · 1869

3Cited by28 opinions

  1. Pinkney v. Kanawha Valley BankWest Virginia Supreme Court · 1910
  2. Winchester Milling Co. v. Bank of WinchesterTennessee Supreme Court · 1907
  3. Anderson v. RodgersSupreme Court of Kansas · 1894
  4. Bailie v. Augusta Savings BankSupreme Court of Georgia · 1895
  5. German Nat. Bank v. BurnsSupreme Court of Colorado · 1889

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