Clark v. Chicago Title & Trust Co.
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is an appeal to reverse a judgment of the Appellate Court for the First District, affirming a decree in favor of appellee, rendered in the circuit court of Cook county.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is an appeal to reverse a judgment of the Appellate Court for the First District, affirming a decree in favor of appellee, rendered in the circuit court of Cook county. On Saturday, April 3,1897, appellant had on deposit in the Globe Savings Bank of Chicago over §3000. Shortly before twelve o’clock of that day,—the hour for closing business on Saturdays,—appellant called at the bank and received what is called a…
1Opinion of the CourtJustice Wilkin
It is impossible to perceive upon what theory of law appellant can maintain or claim that the transactions had by him with the bank on the third of April amounted to an assignment by the bank to him of the amount of the check. The claim seems to be based upon the law announced by this court in Munn v. Burch, 25 Ill. 35, and many later cases, to the effect that “the check of a depositor upon his banker, delivered to another for value, transfers to that other the title to so much of the deposit as the check calls for, which may again be transferred to another by delivery, and when presented to…
2Cases cited2 opinions
- Munn v. BurchIllinois Supreme Court · 1860
- Clark v. Chicago Title & Trust Co.Appellate Court of Illinois · 1899
3Cited by19 opinions
- State v. Tyler County State BankTexas Commission of Appeals · 1925
- Chetopa State Bank v. Farmers & Merchants State BankSupreme Court of Kansas · 1923
- Walker v. SellersSupreme Court of Alabama · 1918
- Louisville & Nashville Railroad v. Federal Reserve Bank of AtlantaTennessee Supreme Court · 1928
- Batson v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1941
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