Legal Opinion

Anderson v. Alton National Bank

Appellate Court of Illinois

Decided July 1, 1895PublishedCited by 2 opinions

Assumpsit.—Breach of an undertaking to collect checks. Appeal from the Circuit Court of Madison County; the Hon. Benjamin R. Bub-roughs, Judge, presiding. Heard in this court at the February term, 1895.

1Opinion of the CourtJustice Green

Appellant contends: Under the facts as disclosed in this record, appellee had no authority to appoint a sub-agent to transmit and collect the checks in question and if it did so it assumed the risk and consequences of such sub-agent’s negligence and must respond in damages to plaintiffs for any loss thereby occasioned. If a principal constitutes anvagent to do a business which obviously and from its very nature can not be done by the agent otherwise than through a substitute, or if there exists in relation to that business a known and established usage of substitution, in either case, the…

2Cases cited5 opinions

  1. Daly v. Butchers' & Drovers' BankSupreme Court of Missouri · 1874
  2. Foster v. City of KenoshaWisconsin Supreme Court · 1860
  3. Contractors v. HemingwaySupreme Court of Connecticut · 1837
  4. Waterloo Milling Co. v. H. Kuenster & Co.Appellate Court of Illinois · 1895
  5. Lansing v. HunterIllinois Supreme Court · 1861

3Cited by2 opinions

  1. Hoffman & Coppersmith v. Mechanics-American National BankMissouri Court of Appeals · 1923
  2. Carlinville National Bank v. WilsonAppellate Court of Illinois · 1898

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