Stevens v. Park
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a suit originally brought before a justice of the peace, by Stevens against Park. The defendant claimed a set-off upon a bank check for $200, drawn by the plaintiff in favor of A. L. Park, upon which there was $100 paid. The court below gave judgment in favor of the defendant for $12.72 and costs, and the plaintiff appealed.
1Opinion of the CourtJustice Scholfield
The only question discussed in the present ease is, was the burden on the holder of the bank check of showing that no damage had accrued to the drawer by his omission to give notice of the non-payment of the check?
It was held in Howes v. Austin, 35 Ill. 396, and M. and F. Insurance Co. v. Fischer et al. 30 id. 403, cited in appellee’s brief, that, as between the holder and the drawer, a demand, at any time before suit brought, is sufficient, unless it appears that the drawee has failed, or the drawer has, in some other manner, sustained injury by the delay; but in neither of those cases was…
2Cases cited3 opinions
- Hoyt v. SeeleySupreme Court of Connecticut · 1847
- Daniels v. Kyle & BarnettSupreme Court of Georgia · 1846
- Howes v. AustinIllinois Supreme Court · 1864
3Cited by14 opinions
- Deal v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1932
- Industrial Bank v. BowesIllinois Supreme Court · 1897
- Watt v. Gans & Co.Supreme Court of Alabama · 1896
- Consolidated Freightways v. Industrial CommissionIllinois Supreme Court · 1971
- Arnold v. ManganAppellate Court of Illinois · 1900
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