Bank of Montreal v. Dewar
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. John Gr. Ro&ers, Judge, presiding. This was an action of trover, commenced on the 11th day ot May, 1878, by William Dewar against the Bank of Montreal, for the alleged conversion of a certificate of deposit for $5,700 and interest, the property of the plaintiff.
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Appeal from the Circuit Court of Cook county; the Hon. John Gr. Ro&ers, Judge, presiding. This was an action of trover, commenced on the 11th day ot May, 1878, by William Dewar against the Bank of Montreal, for the alleged conversion of a certificate of deposit for $5,700 and interest, the property of the plaintiff. The defendant appeared and filed a plea of not guilty, and on the issue thus formed, a trial was had in September, 1879, resulting in a verdict in favor of the plaintiff, for $7,220. This verdict having been set aside by the court on motion of the defendant, the catise was again…
1Opinion of the CourtBailey, P. J.
So far as the evidence is conflicting, we find no such preponderance in favor of the defendant as would justify a reversal of the judgment on that ground. The question then is, whether, on the case made by the plaintiff, the verdict should be permitted to stand. In considering this question, it must be assumed that the money represented by the certificate of deposit belonged to the plaintiff; that such fact was known to the bank, and that the conversion of the certificate and the appropriation of the money to his own use by Warrack was, at the time, as between the plaintiff and Warrack,…
2Cases cited2 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Anderson v. ArmsteadIllinois Supreme Court · 1873
3Cited by2 opinions
- Miller v. Lake View State BankAppellate Court of Illinois · 1926
- Mohler v. GrangeAppellate Court of Illinois · 1908