Beattie v. National Bank
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. R. W. Clifford, Judge, presiding. This suit was originally begun before a justice of the peace and taken by appeal to the circuit court of Cook county. In the circuit court the cause was submitted by agreement to be tried by the court without a jury.
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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. R. W. Clifford, Judge, presiding. This suit was originally begun before a justice of the peace and taken by appeal to the circuit court of Cook county. In the circuit court the cause was submitted by agreement to be tried by the court without a jury. The finding of the court was against the appellant here, who was the plaintiff below, and in favor of the appellee here, who was the defendant below. Judgment was rendered upon the finding, which was for an amount…
1Opinion of the CourtJustice Magruder
The question, presented by this record, is within a very narrow compass. It is, whether a party, holding a draft under a forged endorsement of the payee therein, or what amounts to a forged endorsement, can compel the drawee to pay him the draft.
It is established clearly by the evidence, that the George A. Bent, who took the draft from the post-office and endorsed his name upon the back of it, was not the real payee, to whom the drawer of the draft intended to make it payable. It is true, that the real and intended payee and real owner of the draft was named George P. Bent; but the fact, that…
2Cases cited4 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Commonwealth v. FosterMassachusetts Supreme Judicial Court · 1873
- Barfield v. StateSupreme Court of Georgia · 1859
- Cochran v. AtchisonSupreme Court of Kansas · 1882
3Cited by14 opinions
- Jackson Paper Manufacturing Co. v. Commercial National BankIllinois Supreme Court · 1902
- Williams v. StateSupreme Court of Alabama · 1924
- Bruce v. Neal BankSupreme Court of Georgia · 1910
- Nelson v. StateCourt of Appeals of Maryland · 1961
- Boggan v. ScruggsMississippi Supreme Court · 1947
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