West Surburban Motors Sales v. Harvey

MERRILL, Justice.

The question for decision may be stated thusly: Is the signer of a check, blank except for signature, liable to the payee of the check when the signer delivered it to another with the authority to fill it out for a sum not exceeding $500, and that party fills out the blanks and inserts the sum of $1,350, in the presence of an agent of the payee, but neither the agent nor the payee has knowledge of the $500 limitation.

There is no material dispute as to the facts. Appellee, defendant below, agreed to lend one Donald Gibbs up to $500 with which to purchase a used car. He gave…