Chicago, Burlington & Quincy Railroad v. Merchant's National Bank
Appellate Court of Illinois
Appeal from the Circuit Court of Jo Daviess county; the Hon. Richard S. Farrand, Judge, presiding. Heard in this court at the April term, 1916.
1Opinion of the CourtJustice Carnes
This is an appeal from a final judgment for the defendant entered by the court after sustaining a general demurrer to the plaintiff’s declaration. The only error assigned is “the court erred in sustaining the demurrer to the additional counts.”
Appellant held the check of the Galena Commission Company for $362.46, drawn in the usual form on the appellee bank, payable to appellant, or its order. It presented that check to the bank and payment was refused. It then began this action in assumpsit and filed a declaration consisting of a special count and the common counts in assumpsit. A demurrer…
2Cases cited4 opinions
- Standard Trust Co. of New York v. Commercial National BankSupreme Court of North Carolina · 1914
- Fourth National Bank v. City National BankIllinois Supreme Court · 1873
- Rauch v. Bankers National Bank of ChicagoAppellate Court of Illinois · 1908
- Eshbach v. ByersAppellate Court of Illinois · 1911
3Cited by2 opinions
- Cuquet Jewelry Co. v. National Builders BankAppellate Court of Illinois · 1931
- South Chicago Savings Bank v. Drexel National BankAppellate Court of Illinois · 1960