Drovers' National Bank v. O'Hare
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. John G. Rogers, Judge, presiding.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the- Circuit Court of Cook county; the Hon. John G. Rogers, Judge, presiding. This was an action for money had and received, brought by M. J. O’Hare, appellee, against the appellant, in the circuit court of Cook county, where a trial ■ by the court, without .a jury, resulted in a judgment for plaintiff for $1129.50. The defendant appealed to the Appellate Court for the First District, where the judgment of the circuit court was affirmed, and now prosecutes this further appeal from that judgment. The…
1Opinion of the CourtJustice Shore
It is contended that if a right of recovery exists in the plaintiff, the action should haxTe been brought against the Northxvestern National Bank, and not against the appellant. We are of opinion that the suit was properly brought. The Northwestern National Bank had no notice whatever that the check of appellant represented money belonging to appellee, or that appellee was in anywise interested therein. It never consented to become his debtor, or to become the depository of funds for his use, and received the money without notice that it was charged xvith such use. The check purported to…
2Cases cited2 opinions
- St. Louis v. JohnsonU.S. Circuit Court for the District of Eastern Missouri · 1879
- Carpen v. HallIllinois Supreme Court · 1863
3Cited by20 opinions
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Bituminous Casualty Corp. v. RichardsonSupreme Court of Florida · 1941
- Cutler v. American Exchange National BankNew York Court of Appeals · 1889
- American Exchange National Bank v. Loretta Gold & Silver Mining Co.Illinois Supreme Court · 1896
- Butler County v. Boatmen's BankSupreme Court of Missouri · 1898
15 more not listed; retrieve them via the Exa API.